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MINUTES 



PROVINCIAL COUNCIL 



PENNSYLVANIA, 



FROM THE ORGANIZATION TO THE TERMINATION 
OF THE PROPRIETARY GOVERNMENT. 



PUBLISHED BY THE STATE, 



VOL. IX. 

CONTAINING THE PROCEEDINGS OP COUNCIL FROM OCTOBER 15tH,. 

1762, TO 17th or October, 1771, both days included. 



HARRISBURG : 

PRINTED BY THEO. FENN k CO. 
1852. 



^/? 



i -t 



CONTENTS. 



Acts to enable owners of Marsh meadow to embank, 3, 12, 138, 
245; for regulating of apprentices, 18; to erect a Court House at 
Easton, 17, 23, 325 ; to remove nuisances in the city of Philadel- 
phia, 22 ; concerning cattle trespassing, 23; to erect a light house 
near Cape Henlopen, 198, 295 ; to pave the streets of Philadel- 
phia, 57, 243, 247, 296; prohibiting the selling powder to the 
Indians, 63 ; to grant His Majesty £24,000 for the defence of 
the Province, 63, 197, 198 ; to grant £55,000, 325 ; touching 
taking lands into execution for debt, 147, 148, 160 ; for regu- 
lating the militia, 151 ; for the better settling of estates, 153, 
161; to pay £10,947 sterling to several colonies in America, 160, 
177 ; for suppressing idleness, drunkenness, and debaucheries, 
&e., 166, 169 ; to appoint new Trustees for the several Loan 
Offices, 168 ; to regulate the hire of carriages employed in His 
Majesty's service, 184 ; to raise by lottery money to finish several 
churches, 243, 294, 326, 360, 369, 390, 392, 567, 576, 579, 580 ; to 
prohibit the importation of G-ermans in too great numbers, 248 ; 
to enable the people of Lancaster to raise a night-watch, 285, 
296 ; for the relief and support of the poor in Philadelphia, 293 ; 
duty on imported negroes, 446, 472 ; to organize a company to 
insure houses, 447 ; forming a society for the relief of poor, 
superanuated shipmasters, 566. 

Address from the Assembly to Gov. Penn, 97, 167; from the 
Council to the King, 315 ; from the Conestogo Indians to Pcnn, 
88 ; from the frontier settlers to the Assembly, 138. 

Amherst, Gen., letters from, to Gov. Hamilton, 34, 35, 62, 77. 

Advertisement issued from certain rioters in Peters township, Cum- 
berland county, 271. 

Annual charge to support the government of Pennsylvania, 381. 

Armstrong, John, letters from, to Gov. Penn, 444, 448, 461, 484 ; 
he is charged with having opposed the apprehension of F. Stump, 
495, 510, 511, 512. 

Allen, John, appointed to hold a conference with the Indians at 
Fort Pitt, 493. 



iv CONTENTS. 

Articles of Capitulation between the Proprietaries of Pennsylvania 
and Connecticut clairoants, &c., 771. 

B. 

Barret, Lemuel, informs Gov. Penn of the massacre of a Mo- 
hawk Indian, 304. 

Beaver, King, his address, 233. 

Bedford county erected, 730. 

Bill authorizing the striking small bills of credit, 71 ; to regulate 
Indian trade, 25; to grant His Majesty £55,000, 152. 

Bias Antonio, Her^andes, Factor, his petition, 25. 

Blair, William, his letter to Gov. Penn, 341. 

Blight, William, his deposition touching F. Stump murdering In- 
dians on Middle creek, 414. 

Boundary line, to settle between Pennsylvania and neighboring 
colonies, 545, 559. 

Bradstreet, John, his letters to Gov. Penn, 193, 194, 196.. 
Bounty offered for Indian scalps, 189. 
Brown, Peter, murdered by the Indians, 469, 521. 
Bull, William, his letter to Gov. Hamilton, 775. 
Burd and others, appointed Commissioners touching Connecticut 
claims, 59; Instructions to him from Gov. Penn, 61. 

G. 

Callender, Robert, his letter to BayHton and others, 302. 

Carlisle, troops at, ordered to Lancaster city, 118. 

Clayton, Ashur, his Deposition, 767. 

Connecticut, claimants and Intruders on lands at Wyoming, on the 
Susquehanna, 7, 27, 29, 59, 60, 61, 569, 572, 573, 574. 575. 
583,^585,588,608,623, 663, 664,674, 679, 682, 710,' 711, 
715, 716, 747, 748, 751, 752, 753, 755, 756, 758, 767, 771, 
777, 779. 

■Commissioners and assessors of Philadelphia ; letter from to Gov. 
Penn, on taxation, 240. 

Colden, Cadwallader, letter from to Gov. Penn, 656. 

Ccnestoga Indians, address from to Gov. Penn, 89. 

murdered by the " Paxtonians ;" incidental 
notices touching the same 89, 92, 94, 95, 100, 101, 102, 103, 
104, 105, 107, 112, 113, 121, 122, 123, 125, 127, 128, 129. 
132, 133, 135, 137, 142, 170, 409, 431, 479, 683. 



CONTENTS. T 

Conway, Right Honorable, his letter to Gov. Penn, 298 ; letters to 
Gov. Penn, 298, 309, 310 ; letter to from Penn, 299. 

Croghan, George, his letter to Gov. Penn, 249 ; his Journal of 
Transactions at Fort Pitt, 250, 264, 322 ; letter to Gen. Gage, 
223. 

Cunningham, James, his deposition touching F. Stump, 450. 

D. 

Declaration of the injured frontier settlers, 142, 146. 

Depredations by hostile Indians, upon frontier settlers and other.g, 
31, 32, 33, 35, 43, 44, 64, 66, 68, 191. 

Dick, John, his letter to Gov. Hamilton, 753. 

Dyson's letter touching troops, 49. 

E. 

Earl of Egremont, his letters to Gov. Hamilton, 13, 15, 18. 
Earl of Hillsborough, letters of to Gov. Penn, 547, 637. 706, 761, 

F. 

Faquire, Gov. of Virginia, his letter to G^v. Penn, 349. 
Fincher, John, killed by the Indians, 44. 
Fort George, in New York, Council held at, 121. 
Forster, Thomas, heads a mob of twenty-five, assaults Sheriff and 
jurors, 335. 

Franklin, Gov. of New Jersey, John Penn's letter to him, 113. 
Frontiers, provision made for their protection, 36, 43. 
Funds in Pennsylvania, observations respecting, 382. 

G. 

Gage, Gen. his letters to Gov. Penn, 88, 90, 118, 119, 170, 238, 
266, 267, 281, 292, 300, 307, 318, 319, 321, 403, 422, 443, 

665, 582. 

orders to the commanding officer at Carlisle, 118. 

Germans, Act prohibiting importation of, in too great numbers, 248. 

Gibson, James presents to the Assembly a Remonstrance from the 
frontier settlers, 138. 

Gordon, Lewis, his letter to Gov. Penn, 572 ; to Gov. Hamiltoa 
752, 755. 

Grant, Lieut, letter to from Gov PenUj 274^ 



ji CONTENTS. 

H. 

Halifax, Eael of, his letter to Gov. Penn, 114. 

Harrig, John, member of the Proprietary's & Governor's council, 
235. 

Hockley, Richard, his petition to Gov. Penn, 178. 

Holmes, John, his letter to Gov. Penn, 436. 

Hostilities between the Indians and English cease, 265. 

Hubler, Frantz, wounded, his wife and three children carried off by 
the Indians, 44. 



Indians killed, 89, 470, 479, 501, 663. 

Indian nations incidentally mentioned ; names occurring frequently j 
Nanticokes, 45, Tuscaroras, 46, Oneidas, 46, Delawares, 46, Six 
Nations, 44, Munseys, 46, Wighalouisin, 45, Onondagoes, 46, 
Conoys, 46, Mohickons, 46, Sandusky Hurons, 195, Shawanese, 
196, VVyandots, 210, Mingoes, 216, Ottowas, 219, Turtle Tribe, 
226, Cocknewagas, 221, Turkey Tribe, 226, Twightwees, 251, 
Senecas, 256, Seven Nations, 496. 

Ironcutter, John, rescued at Carlisle, 450, 451, 485, 488. 

Insurance Association, 447. 

Intruders upon Indian lands, 481. 

Instructions to Burd and McKee touching Connecticut claimant? 
and Intruders, 29, 61. 

to Gov. Hamilton from King George, 60 ; to Gov. Penn, 321. 

J. 

Johnson, Sir William, his letters to Amherst, 35 ; to Gov. Penn. 
189, 412, 495; letters to him, 105, 110, 137, 306, 424, 469. 

K. 

Kendal, Benjamin, his deposition touching Conestogo Indians be- 
ing murdered, 126. 

Keyashuta's address to the Shawanese, 233. 



Ledlie, Andrew, his letter to Gov. Hamilton, 756. 
"Letters from Egremont to Gov. Hamilton, 13, 15, 18. 
touching hostilities committed by the Indians, 30, 31. 



CONTENTS. Til 

from Gen. Amherst, 34, 35, 48, 62, 74 ; from John Armstrong 

to Gov. Penn, 444, 448, 484 ; from Col. Boquet, 35, 207, 197 ; 
from Blair, 34 ; from Lords of Trade, 40, 79, 343 -, from Robert 
Callender to Baynton, 302 ; from Jonas Seely, 43 ; from George 
Croghan to Gen. Gage, 323 ; to Gov. Penn, 249 ; from Dyson, 
49; from Sir William Johnson, 63, 129, 189, 412, 495; from 
Gen. Murray, 290 ; from Edward Shippen, 88, 100, 438 : from 
Shelburn, 341, 343, 378 ; from Gen. Gage, 88, 118, 119, 170, 
238, 266, 267, 281, 292, 301, 318, 319, 321, 403, 422, 443, 
582 ; to Sir William Johnson, 105, 120, 137, 306, 424, 469 ; to 
Gov. Golden of New York, 112 ; to Gov. Franklin of New Jer- 
sey, 113, 120 ; to Conway, 299 ; to the Magistrates of Lancaster, 
York, Cumberland and Berks counties, 131 ; to Justices Smith 
and Maxwell, 272, 273 ; to the Justices of Cumberland, 273, 304, 
416; Lancaster, 418; Berks, 419; to Lieut. Grant, 274; to 
Faquire, Gov. of Virginia, 345 ; to the Earl of Shelburn, 351, 
379, 383 ; from Lewis Gordon, 572 ; from Charles Stewart, 573, 
583, 607 ; from Bradstreet, 193 ; from the Earl of Hillsborough, 
546, 552, 761 ; from Col. Hied to Gen. Gage, 268, 269 ; to the 
Lord's Commissioners of Trade, 353 ; to Horatio Sharpe, Gov. of 
Maryland, 375, 377; to the Sheriffs of Cumberland, Lancaster 
and Berks, 441, 442 ; to John Armstrong, 446, 451 ; to Col. 
Francis, 586 ; from William Patterson to Joseph Shippen, 453 ; 
from John Holmes to Gov. Penn, 463 ; from the Chief of the 
Indians at the Great Island, 480 ; from the Rev'd John Steel to 
Gov. Penn, 486 ; from six Magistrates of Cumberland, 486; from 
James Galbreath, 487 ; from Andrew Ledlie, 756 ; from William 
Bull, 775; from Hamilton to Gov. Trumbull, of Connecticut, 
777. 

Le Bceuf, garrison at murdered by the Indians, 35. 

Littleton, Fort at garrisoned, 34. 

Lotteries to raise money for certain churches, to build and finisii; 
which, 243, 326, 360, 369, 390, 392, 567, 576, 579, 580, 762. 

M. 

Maitland, Richard, Deputy Agent General, issues orders, 307. 

Maryland rioters, 564. 

M'Donald murdered by the Indians, 521. 

Memorial from Rev'd. Schmick, 135. 

Messages from Gov. Hamilton to the Assembly, 10, 15, 18, 19, 21, 
25, 31, 36, 42, 47, 53, 55, 58— from Gov. Penn, 91, 94, 109. 
113, 115, 116, 122, 129, 133, 149, 153, 155, 174, 179, 181. 
183, 184, 241, 244, 291, 311, 323, 351, 363, 367, 394, 396, 
397, 407, 427, 431, 434, 459, 545, 554, 582, 596, 645, 656, 
686, 692, 708. 



nil CONTENTS. 

from the Assembly to Gov. Hamilton, 1, 20, 64, 71 — to 



Gov. Penn, 97, 123, 125, 134, 154, 156, 161, 165, 180, 182. 
185, 246, 284, 312, 324, 339, 361, 370, 385, 407, 408, 432, 
447, 454, 458, 469, 473, 568, 592, 622, 692, 709, 721— Lieut. 
Gov. Hamilton, 773. 

of Gov. Penn to Newolcka, touching Stump murdering In- 



dians on Middle creek, 428. 

.lliller, Nicholas, his children murdered by the Indians, 44. 

Minutes of Indian conferences at Gov. Hamilton's house, 6, 8 ; at 
Philadelphia, 44, 45, 46, 47, 66, 67, 68, 70, 77, 85, 86, 88, 328, 
332, 514, 543, 604, 689, 694, 698, 734, 737, 739,742, 773; at 
Pittsburg, 207, 208, 212, 250, 264; at Tuscarrowas, 212, 222; 
at Muskingham, 223, 226, 229, 233; at Johnson's Hall, 497; 
at Shamokin, 611, 612, 613, 620. 

Muskingham, conference held at, with the Indians, by Col. Boquet, 
208. 

Morris, Joseph, his Deposition, 769. 

Murray, Gen., letter to Gov. Penn, 290. 

N 

Nettawatways, chief of the Delaware Indians, letter from to Gov, 
Penn, 735. 

Newoleka, chief of the Delawares, message from to Gov. Penn, 428- 

0. 

Observations respecting Funds in Pennsylvania, 382. 
Obryan, Henry, murdered by the Indians, 469, 521. 
Ogden, Amos, from Wyoming, makes information against Lazarua 
Stewart, murdering Nathan Ogden, 749. 

Orders issued at New York, from Richard Maitland, 307. 

Oterunques, message to Col. Boquet, 227. 



Peace Treaty between Spain and England, 38. 

terms of, granted to the Indians, 195 ; with the Delaware 

nation, 277. 

Penn, John, appointed Governor of Pennsylvania, 17, 72; Re- 
commissioned, 347 ; re-appointed the third time, 629 ; succeeds 
to the proprietorship of one-fourth part of the Province of Penu- 
sylvania, 742; embarks for Great Britain, 743^ 



CONTENTS. ix 

Pcnn, Jolin, his letters to the Magistrates of Lancaster, York, 
Cumberland and Berks, 92, 131, 137, 273; to Col. Francis, 586, 
606^ to Gen. Gage, 110, 275, 296, 405, 422; to Justice Smith, 
272; Justice Maxwell, 273; John Jennings, 585, 586; Lieut. 
Grant, 274; Conway, 299; Gov. Sharpe, 305, 375; Earl of 
Shelburne, 351, 379, 383 ; Lords commissioners of Trades, 353 ; 
Rev'd. Steel, 483 ; John Armstrong, 446, 451. 

Penn, Richard, appointed Lieutenant Governor, 782. 

Palmer, John, an Indian prisoner, makes his escape, 212. 

Patterson, William, his letter to Joseph Shippen, 453. 

Petition from Hockley & Physick to Governor Penn, 178. 

Presque Isle, garrison at massacred by the Indians, 35 — letters at 
from Bradstreet, 193, 194. 

Pitkin, William, Gov. of Connecticut, to Gov. Penn, 602 — to G^a. 
Gage, 664. 

Prisoners to be delivered at Sandusky, 195. 

Proclamations by Gov. Hamilton, 13, 27, 39, 40, 70 — by Gov 

Penn, 72, 76, 80, 83, 85, 95, 107, 190, 234, 265, 316, 327. 

481, 544, 588, 644, 647, 687— by James Hamilton, 733, 743. 

747, 766. 

by Richard Penn, Lieutenant Governor, 783. 

R. 

Redick John, disturbed as a settler, &c., 376o 
Reid, Col., his letters to Gen. Gage, 268, 269. 
Redstone creek, settlers at directed to be removed, 323, 353, 581, 
540 ; names of early settlers at, 508. 

Remonstrance from the frontier inhabitants of Lancaster, York, 
Berks, and Cumberland, 138. 

Rioters in arms, headed by James Smith, 270, 297. 

Road from Reading to Fort Augusta, 440, 556, 651, 667 ; from 
Lancaster to Philadelphia, 657, 099, 700 ; from the Blue moun- 
tain to Wyoming, 731; from Wright's to the Maeungy road. 
745. 

Rodney, Csssar, letters from, 661, 681. 



Sandusky, prisoners among the Indians to be delivered at, 195. 
Seal, Great and Lesser altered, 742. 
•Seely, Jonas, letters from, 43, 44. 
Se&eca George, Indian, killed, 603, 



X CONTENTS. 

Scalps of Indians, bounty offered for, 189. 

Schoolmasters promised to be sent to the Indians, 8. 

Schmick, Jacob, Revd., missionary among the Indians, his memo- 
rial, 135. 

Smith, Matthew, a Remonstrance from the frontier settlers to the 
Assembly, 138. 

Smith, James, head of rioters, writ issued for his apprehension, 
297. 

Shelburn, Earl of, his letters to Gov. Penn, 341, 343, 378. 

Sharpe, Gov. of Maryland, his letter to Penn, 375. 

8hippen, his letters touching the murdering of the Conestoga In- 
dians, 89, 100. 

Speech by John Penn to the Assembly, 166 -, of Col. Boquet to 

Capt. Jacobs, and the Delaware chiefs, 208, 209, 210 ; at Tuscar- 
rowas, 212, 220, 224, 228, 231. 

Stewart, Charles, his letter to Penn, 573. 

Stewart, Lazarus, arrested, makes his escape, 683 ; proclamation 
for his apprehen?ion, &c., 687, 710, 715, 716, 749, 767. 

Stump, li'rederick, and others, encroach on Indian lands without a 
warrant, 328. 

Stump and Ironcutter murder several Indians on Middlecreek, 414, 
470 ; proclamation issued for the murderer's apprehension, 420, 
421, 488, 489 ; letter to Gen. Gage touching this affair, 422 ; 
also to Sir William Johnson, 424 ; further notice, &c., 426, 428, 
429, 436, 438, 444, 445, 455, 458, 460, 462, 463, 485, 467, 
470, 476, 479, 485, 487, 488, 489, 490, 491, 500, 510, 512, 
519. 

Stump and Ironcutter arrested and secured in jail at Carlisle, 438, 
444 ; they are rescued by a band of riotous persons, 448, 450, 
451, 

Susquehanna Company, resolution touching Connecticut claims^ 
565, 

T. 

Teedyuscung's interview with Gov, Hamilton, 6, 8. 

Tilghman, his letters to the Board, &c., 746 — to Gov. HamiltoCy 

779. 
Trade among the Indians regulated, 25, 642, 643, 655. 

Treaty of Peace with several Indian nations, 277, 492. 

Troops furnished by the several provinces, 48. 

V. 

VsNAwao, garrison at murdered by the Indians^ 35. 



CONTENTS. xi 

W. 

Wain informs the Assembly that the frontier settlers intend to 

kill the Indians at Philadelphia, 132. 
Webb, James, declines acting barrack-master at Lancaster, 556. 
Wighaloosin, Indians at write to Gov. Penn, 436. 
Wyoming, New England settlers at, King's writ served on them 

to remove, 608. 

Z. 

ZacheuSj an Indian, complains of his great poverty, 437= 



MINUTES 

OF THE 

PROVINCIAL COUNCIL OF PENNSYLVANIA. 



At a Council held at Philadelphia on Friday the 15th October, 
1762. 

PRESENT : 

The Honourable JAMES HAMILTON, Esq'- Lieu'- Governor, 

Benjamin Chew, Esquire. 

Yesterday being the day appointed by Charter for the Meeting of 
the Assembly, The Governor received a Message from the House by 
two Members, that a Quorum was met, and had chosen a Speaker, 
and desired to know at what time and place they might present him 
to the Governor for his Approbation, and this day at 11 o'clock, 
being appointed for that purpose, The Governor sent a Message to 
the House by the Secretary, that he was ready, in the Council 
Chamber, to receive the House, with their Speaker. Accordingly, 
the whole House waited on His Honour, & presented Isaac Norris, 
Esquire, who being approved of, addressed himself to the Governor, 
& demanded the usual privileges, which were granted, and then the 
House withd'cw. 

The House adjourned to Monday the 10th January, 1763. 



MEMORANDUM. 

Thursday, 21st October, 1762, at New Castle. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, Lieuf Gov'" 
&ca. 

Benjamin Chew, Esquire. 

Three Members of Assembly of the Government of the Lower 
Counties, waited ou His Honour, the Governor, with a Message 
VOL. IX. — 1. 



2 MINUTES OF THE 

that the House bad met Yesterday in pursuance of the Charter & 
Laws of this Grovernment, & had chosen a Speaker, & desiring to 
know at what time His Honour would be pleased to receive the 
House, with their Speaker ; the Governor acquainted them that he 
would be ready for that purpose in half an hour. 

The House accordingly waited on His Honour, and presented to 
him Jacob Kollock, Esquire, who, on receiving the Governor's Ap- 
probation, prayed the usual privileges of the House, which were 
granted ; And then the House withdrew. 



Friday, 22Dd October. 

The Governor was waited on by three Members, with a Mes- 
sage that the House being now regularly sworn, desired to know if 
his Honour had any Business to lay before them. The Governor 
informed them that he had prepared a Message which he should 
send to the House immediately. 

The Secretary then carried to the House the following Message, 
with two Letters relative thereto, from Mess"' Sargeant & Aufrere, 
and Mess'^' Barclay, for their perusal: 

A Message from the Governor to the Assemhly. 

" Gentlemen : 

'' Since the last Meeting of the Assembly of this Government, I 
have been advised by your Agent in England, of his having received 
from the Lords of His Majesty's Treasury, two several Sums of 
Money granted by Parliament for re-imbursing the several Colonies 
a part of the Supplies they have from time to time given to the 
Crown, in the Course of the present War. As it was the Intention 
of the parliament in making these Grants, that the same should be 
applied in the several Colonies towards discharging and in Ease of 
the publick Debts and Taxes of the respective Governments, I 
must earnestly recommend it to you to apply the Money in that 
manner; And as there is not at present any power in being, au- 
thorized to receive the same from your Agent, I am also to recom- 
mend it to you to pass a Bill for empowering proper persons forth- 
with to draw the same out of his hands, in order to its being duly 
applied for the purposes aforesaid. 

''JAMES HAMILTON. 

"New Castle, 22nd October, 17G2." 



New Castle, Thursday, 28th October, 1762. 
The House having presented to the Governor for his Concurrence 
a Bill entitulcd '' An Act to empov\^er Benjamin Chew, Esq'- and 



PROVINCIAL COUNCIL. 3 

in case of bis Death, William Plumsted, Esq'' to draw for the sum 
of Three thousand seven hundred and fortj-five pounds seventeen 
shillings & ten pence Sterling, now in the hands of the Agent of 
this Government, residing in London, & to direct the Appropriation 
of the said Money," His Honour sent the same to the House, with 
two small Amendments, by the Secretary, with a verbal Message, 
that when they had made them, he would be ready to pass the Bill 
into a Law. 



Friday 29th October. 

The four following Bills were Yesterday sent up to the Governor 
for his Concurrence, viz'- : 

" An Act to enable the Owners and Possessors of the Meadow, 
Marsh & Cripple in Red Lyon Creek, in the County of New Castle, 
to keep the Banks, Dams, Sluices & Flood Gates in repair, and to 
raise a Fund to defray the Expence thereof." 

" An Act to enable the Owners and Possessors of the Meadow, 
Marsh & Cripple on Cedar Creek in Red Lyon Hundred, in the 
County of New Castle, to keep the Banks, Dams, Sluices, and 
Flood Gates in repair, and to raise a Fund to defray the Expence 
thereof." 

"An Act for the reviving and continuing the actions and pro- 
cess in the Supreme Court for the County of New Castle." 

" An Act for repealing ' An Act of Assembly of this Govern- 
ment hereafter mentioned, and for reviving ' An Act entituled ' An 
Act for the Relief of the poor within the County of Kent." ' Which 
the Governor considered and returned to the House by the Secre- 
tary with a few small Amendments to the two former, and a Mes- 
sage that he agreed to the two last mentioned. 



Saturday 30th October, 1762. 

The two following Bills being sent to the Governor for his peru- 
sal & Concurrence, were read and returned to the House with a 
Verbal Message that His Honour agreed to them, viz'- : 

" An Act for vesting a certain Estate in the County of New 
Castle, belonging to Anna and Ann Thomas, being Minors, in 
David Stewart and Thomas Tobin and their Heirs, for the purposes 
hereafter mentioned." 

*' An Act to enable the Owners and Possessors of the meadow, 
Marsh and Cripple lying upon Nonsuch and Mill Creeks, and ad- 
joining Lewden's Island in the Hundred and County of New Castle, 
on Delaware, to embank and drain the same, to keep the outside 



4 MINUTES OF THE 

Banks & Dams in good Repair for ever, and to raise a Fund for 
the doing thereof." 



Monday, 1st November, 1762. 

A Bill entituled " An Act to enable the Owners & Possessors of 
the Meadow and Marsh near Christiana Bridge on the South East 
side of the Creek in the Hundred & County of New Castle, to keep 
the Banks, Dams, Sluices and Floodgates in repair," being read, 
was return' d to the House with a Message that the Governor 
assented thereto. 



Tuesday, 2nd November, 1762. 

The two Bills, viz'- : " An Act for the better regulations of the 
Roads in New Castle County," and **An Act for stopping, em- 
banking & draining a parcel of Marsh on both sides of S'- George's 
Creek in New Castle County, &ca." ; were read and sent to the 
House by the -Secretary with a Message that the Governor agreed 
to them and would be ready in a quarter of an Hour to pass into 
Laws all the Bills to which he had given his assent. 

Accordingly the whole House attended at the Governor's Room, 
& the Speaker presented to him the ten following Bills, which the 
Governor enacted into Laws, & signed a Warrant for affixing the 
Great Seal to them, which was immediately done under the Inspec- 
tion of two Members, with the Secretary, and then lodged in the 
Roll's Office. 

The Bills passed, are as follows, viz'-: 

1. "An Act for empowering Benj"- Chew, Esq'-' and in case of 
his Death, William Plumsted, Esq'" to draw for the sum of £3745, 
17, 10, Sterl^-' in the agents Hands in London, k'^-'" 

2. ''An Act to enable the Owners of meadow Marsh, &c' > on Red 
Lyon Creek, in New Castle County, to keep the Banks, Dams, &ca., 
in repair, &c*-" 

3. ''An Act for the reviving and continuing the actions & Pro- 
cess in the Supreme Court, for New Castle County." 

4. "An Act to enable the Owners, &c''-' of Meadow Marsh, &c'-' 
on Cedar Creek, in Red Lyon Hundred, in the County of New 
Castle, to keep the Dams, &ca., in repair, &ca." 

5. "An Act for repealing an Act of Assembly of this Govern- 
ment hereafter mentioned, and for reviving an Act entituled ' an 
Act for the relief of the poor, within the County of Kent.' " 

6. "An Act for vesting a certain Estate, in the County of New 
Castle, belonging to Anna and Ann Thomas, being minors, in David 



PPtOVINCIAL COUNCIL. 5 

Stewart & Thomas "Tobin, & their Heirs, for the purposes hereafter 
mentioned.'^ 

7. "An act to enable the Owners and Possessors of the Meadow 
Marsh, &''•' lying upon Nonsuch and Mill ('reeks, and adjoining 
Lewden's Island, in New Castle County, to embank and drain the 
SamC; &&■'•" 

8. "An Act to enable the Owners & possessors of the meadow & 
Marsh near Christiana Bridge, &ca., to keep the Banks, Dams, &c'' 
in repair, itc"" 

9. "An Act for the better regulation of the Roads in Newcastle 
County." 

10. "An Act for Stopping, embanking, and draining a parcel of 
Marsh on both sides of S'' George's Creek, in New Castle County." 

Before the House withdrew, the Speaker presented to the Gov- 
ernor Orders on the Trustees of the Loan Office, to the amount of 
Two hundred & fifty pounds, for his Salary and Services, for which 
His Honour returned the House his Thanks. 



At a Council held at Philadelphia, on Thursday, 11th Novem- 
ber, 1762. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, Lieutenant Gov- 
ernor, &ca. 



Richard Peters, ] -p, „. 
Benjamin Chew, j ' ^ 



A Transcript of the Record of Conviction of Cornelius Dougherty, 
Anthony Miller, and John Hellar, for Burglary in Lancaster County^ 
delivered to the Governor by Edward Shippen, Jun'- Clerk of the 
Court of Oyer and Terminer & General Gaol Delivery, held in the 
said County, on the 1st of this inst'-' November was read, and no 
application having been made to the Gov''' in their favour, It is or- 
dered that a " Warrant issue to the Sheriff, for the Execution of 
the .Sentence of Death passed on the said Criminals, on Saturday, 
the twentieth of November, instant." 



At a Council held at Philadelphia, on Tuesday the 16th No- 
vem'-' 1762. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, Lieutenant 
Governor, &c^- 

Joseph Turner, Beniamin Chew, 1 t^, 

Richard Peters, '' ^ | Esquires. 

The Governor laid before the Board a Copy of the Record of 
Court for the Tryal of Negroes, held at Philadelphia, October the 



^ MINUTES OF THE 

28, 1762, before William Plumsted & William Parr, Esquires, 
Judges appointed for that purpose, assisted by Six Substantial 
Freeholders, summoned for that purpose, when two Negro men, 
named Caspar and Joe, were convicted of Felony and Burglary, and 
received Sentence of Death; and also three several petitions from 
the Inhabitants of Philadelphia, praying the Governor to grant a 
Reprieve for the said Negroes, which t'cing read, & the matter duly 
considered, the Council were unanimously of Opinion, that as there 
appeared no particular Circumstances in the case of either of the 
said two unhappy Criminals, which rendered them proper Objects 
of the Governor's mercy and favour, they could not advise him to 
interpose between the Laws and the Execution of them on this 
occasion, and the Governor was pleased to join with them in 
Opinion. 



At a private Conference held at the Governor's House, with 
Teedyuscuug, the 19th Novr., 1762. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, Lieutenant 
Governor, &c:i., and 

Richard Peters, Esquire. 

Isaac Stille, Interpreter. 

The Governor desired Teedyuscung to speak nothing but what 
should be strictly true, which he promised to do, and then he be- 
gan his Business, saying : 
*' Brother : 

" You may remember that some time ago I told you that I should 
be obliged to remove from Wyomink, on account of the New Eng- 
land people, and I now again acquaint you that soon after I re- 
turned to Wyomink from Lancaster, there came 150 of those people, 
furnished with all sorts of Tools, as well for building as Husbandry, 
& declared that they had bought those Lands from the Six Nations, 
and would settle them, and were actually going to build themselves 
Houses, and settle upon a Creek called Lechawanock, about seven 
or eight miles above Wyomink. I threatned them Imrd, and de- 
clared I would carry them to the Governor at Philadelphia ; and 
when they heard me threaten them in this manner, they said they 
would go away, and consult their own Governor; for if they were 
carried to Phihidelphia, they might be detained there Seven Years, 
and they said further, that since the Indians were uneasy at this 
purchase, if they would give them back the money it had cost them, 
which was one or two Bushels of Dollars, they would give them 
their Land again. 
" Brother : 

" Ten days after these were gone, there came other fourteen men, 
and made us the same Speeches, declaring that they expected above 



PROVINCIAL COUNCIL. 7 

3,000 would come and settle the Wjoraink Lands in the Spring; and 
they had with them a Saw .t Saw Mill Tools, purposing to go directly 
and build a Saw Mill about a mile above where I live, but upon 
my threatning those in the same manner I did the former 
Company, they went away, &, as I was told, buried their tools 
some where in the Woods. These people desired me to assist them 
in surveying the Lands, and told me they would reward me hand- 
somely lor my trouble, but I refused to have any thing to do with 
tbem. 

" Brother: 

" Six days after these were gone, there came other Eight white 
men & a mulatto, and said the very same things to me that the 
others had said, and immediately I got together my Council, and 
as soon as we had finished our Consultations, I told these people 
that I would actually confine them and carry them to Philadelphia, 
& deliver them to the Governor there ; Upon which they went away, 
saying they would go to their own Governor, and come again with 
great numbers in the Spring. Some of these people stole my Horse 
that I bought at Easton, but they gave me another Horse, and five 
pounds in money, in Satisfaction for my Horse. 
" Brother : 

" Tho' I threatned these people hard that I would confine them 
and carry them down to you, yet I did not mean actually to do it, 
remembring that you charged me not to strike any White Men, 
tho' they should come, but to send you the earliest notice of their 
coming that was in my power. 

" Brother : 

"Before I got up to Wyomink from Lancaster, there had come a 
great Body of these New England people with intent actually to 
settle the Laud, but the Six Nations passing by at that time from 
Lancaster, sent to let them know that they should not be permitted 
to settle any of these Lands, and on their expressing great resent- 
ment against them, and threatning them if they persisted, they went 
away. This T was told by Thomas King, who was left behind at Wyo- 
mink by the Six Nations to tell me that they intended to lay this 
whole matter before the great Council at Onondagoe, & that they 
would send for me and my Indians to come to Albany in the 
Spring, where they are to have a Meeting with the New England 
people, & desired I would be quiet till I should receive their Mes- 
sage, & then come to Albany. On this Speech of Thomas King's 
we met together in Council, & agreed not to give him any promise 
to come to Albany, but to advise the Governor of Pennsylvania of 
this and to take his advise what to do, and if he will go with us and 
advise us to go, we will go in case we should be sent for in the 
Spring. Brother, Surely as you have a General of the King's 
Armies here, he might hinder these people from coming & dis- 
turbing us in our possessions. 



8 MINUTES OF THE 

'' Brother : 

'^ About Six days before I left Wyoraink, I received a Belt, 
which was brought me by the Indian Man Compass ; it came first 
to Nutimus and from him to me. By that Belt, Beaver desired 
that I and the Delawares, the Wapings & Mohickons settled at 
Wyoraink, would remove thence, and come and live at Allegheny. 
I wish, Brother, that there had been writings signed between Beaver 
and us at Lancaster, setting forth that we had made a firm peace 
and friendship together, and that we were very good friends & shall 
always remain so ; I wish, I say, such writings had been signed by 
all of us and those that were present at Lancaster, that we might 
have it always to shew to our Children and Grand Children, and 
that they might remember what was done then by us. The Gov- 
ernor reminded him that it was not the Custom for Indians to sign 
writings to one another, and that the same forms had been observed 
at Lancaster as at other Treaties/' After which Teedyuscung pro- 
ceeded : 
" Brother : 

" I have one thing more to say, and then I shall have finished all 
I have to say at this time. 
''Brother : 

" You may remember that at the Treaty at Easton we were 
promised that a Schoolmaster and Ministers should be sent to in- 
struct us in religion, & to teach us to read and write ; As none 
have been yet provided for us, I desire to know what you intend to 
do in this matter. I have now done." 



20th November, 1762. 

The Governor's Answer to Teedyuscung's Speech of Yesterday, 
" Brother : 

'' I thank you for the information you have given me of what 
passed between you and the people of Connecticut. 

" Hearing that some of these people were gone towards the Sus- 
quehaunah, I sent a special Messenger after thera, to warn them 
from settling those Lamls, & to take care not to give Offence to the 
Indians, from whom those Lands had not been purchased. My 
Messenger came fortunately just after the Six Nations had ordered 
them to go away, and shewn great reluctance at their presuming to 
come and settle those Lands ; and met them returning home dis- 
pleased with the Six Nations for speaking to them in the rough 
manner they did. 
*' Brother : 

" I have wrote both to General Amherst and to Sir William 
Johnson, and to the Governor ot Connecticut ; this matter is like- 
wise laid before the Great King by Sir William Johnson, so that 



PROVINCIAL COUNCIL. 9 

I am in hopes you will not see any more of these troublesome people, 
but that measures will be taken to keep them at homo. 
'' Brother : 

" I commend you for your prudent behaviour; I did and do still 
desire that no blood of the White People may be shed by you, but 
that you will continue to give me the earliest Notice you can if you 
hear of any of them coming again in the Spring." 

A String. 
" Brother: 

" I observe what you say with respect to the Message sent to 
Nutimus and to you by Beaver. 

" You know that your Uncles, the Six Nations, have kindled a 
Fire for you at Wyomink, & desired you would stay there and 
watch, and give them notice if any White people should come to 
take away the Lands from them, & that you would not suffer them 
to do it. 

" You may think, be assured, that this Winter measures will bo 
taken to prevent these troublesome people from coming to disturb 
you. On these Considerations I desire you will remain quiet where 
you are, & not move away, as you seem to have no Inclinations to 
go away only on account of these New England disturbers. 

''As to any Invitations the Six Nations may make to you, to come 
to Albany to Council with them, Si to meet the New England people, 
you will pay such regard to them as your Connections with your 
Uncles require. I dont pretend to any Authority over you, but I 
would advise you to comply with such invitation as you shall re- 
ceive from your Uncles. I am not invited, and know nothing of 
this matter, but if I hear anything of it, I will let you know." 

A Belt. 

" The times hav3 been so unsettled, that there has been no op- 
portunity of sending Ministers & Schoolmasters among you. Now 
there is a likelihood of a general peace being soon established, if you 
determine still to continue at Wyomink, about which you have ex- 
pressed some doubts to me, I shall consider of this matter, &. 
send you an answer at a proper time." 

A String. 



At a Council held at Philadelphia, on Tuesday the 18th January, 
1763. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, Lieutenant 
Governor, &c^- 

Joseph Turner, Richard Peters, & Benjamin Chew, Esquires. 

The Proprietaries having directed the Governor to move the As- 
sembly to pass a Bill for altering and amending the Act of Assem- 
bly passed in April, 1759, for granting One hundred thousand 



10 MINUTES OF THE 

pounds to His Majesty, &c'' so as to make it conformable to the 
Terms expressed in the Report of the Committee of Council, made 
the day of in the said year. His Honour laid before 

the Council the Draught of a Message to the Assembly, agreeable 
to the proprietary direction, which was read, approved, and sent to 
the House by the Secretary. 

Ji Message from the Governor to the Assetnlly. 

" G-entlemen : 

" An Act of Assembly of this province, passed in the Year 1759, 
intituled, ' An Act for granting to His Majesty the sum of one 
hundred thousand pounds,' &ca., having, pursuant to the Royal 
Charter, been laid before His Majesty in Council, and the Merit 
thereof having been fully debated, as well on the part of the Hon- 
ourable Proprietaries as of the Assembly and people of this pro- 
vince, before a Committee of His Majesty's Most honourable Privy 
Council for plantation affairs, their Lordships, after a full hearing, 
were pleased to report, as their Opinion, to His Majesty, that the 
said Act was fundamentally wrong and unjust, and ought to be re- 
pealed, unless certain Alterations & amendments, specified in the 
Eody of the said Report, could be made therein. 

''Whereupon, the Agents for the Assembly, sensible of the In- 
conveniencies w^hich must necessarily arise to the people, from a 
Repeal of the said Act, and desirous to prevent the same, did pro- 
pose, agree to, and subscribe, in the Books of the privy Council, 
an Engagement in the following Words, vizt. : 

''We, the undersigned, Benjamin Franklin and Robert Charles, 
Agents for the province of Pennsylvania, do hereby consent, that 
in case an Act passed in the said province, in April, 1759, entituled 
'An Act for granting to His Majesty the sum of one hundred thou- 
sand pounds, and for striking the same in Bills of Credit, in the 
manner herein after directed, & for providing a Fund for sinking 
the said Bills of Credit by a Tax on all Estates, real ami personal, 
and Taxables within this province,' shall not be repealed by his 
Majesty in Council, We, the said Agents, do undertake, that the 
Assembly of Pennsylvania will prepare and pass, and offer to the 
Governor of the said province of Pennsylvania, an act to amend the 
aforementioned Act, according to the Amendments proposed in the 
Report made by the Lords' of the Committee of Council this day, 
upon the One hundred thousand pounds Act, and other Pennsylvania 
Acts; and we will indemnify the proprietaries from any Damage 
they may sustain by such act not being so prepared and passed by 
the Assembly, and offered to the Governor. 

"In full Confidence that the above engagement would be duly 
performed on the part of the Assembly, and in respect to other good 
purposes of the said Act, their Lordships were thereupon induced 
to represent to His Majesty, that he might rely upon this under- 



PROVINCIAL COUx\CIL. 11 

taking for the Assembly by their Agents, and permit the said Act 
to stand unrepealed, because the Objections upon which they should 
liave founded their advice for the Repeal, would certainly be re- 
moved, in a way more agreeable & convenient to the Province. 

" His Majesty having taken the said Report into His Royal Con- 
sideration, was pleased with the Advice of His Privy Council, to 
approve of all that was therein proposed to be done, and by His 
order in Council, of the Second of September, 1760, to declare, 
that the abovementioned Act of Assembly should accordingly stand 
unrepealed. 

*' Very soon after the aforesaid report and Order of Council came 
to my Hands, viz'' on the twenty-eight of January, 1761, I laid 
them before the then Assembly, acquainting them at the same time, 
by a Messoge in Writing, tliat whenever they should think proper 
to prepare and offer to me a Bill to alter and amend the aforemen- 
tioned Act, so as to make it conformable to the Sentiments of the 
Lords of the Committee aforesaid, approved by His Majesty, & to 
the express Stipulations of their Agents, as set forth in the said 
report, I should think it my Duty to concur with them, by enacting 
it into a Law. To this, sometime after, they were pleased to return 
me an answer, though, by no means a Satisfactory one, inasmuch 
they did not declare whether they would or would not comply with 
the Engagements entered into by their Agents, in their Behalf, 
although I had more than once particularly urged them for an ex- 
plicit Answer to that point. 

"In this Situation things have hitherto continued, and the Per- 
formance of the Stipulations entered into by your Agents, on your 
Behalf, yet remains to be complied with, although there is the 
greatest reason to believe that those very Stipulations were the 
means of exempting the. Province from the many Inconveniencies 
it would have been subjected to, by a repeal of the aforementioned 
Act of Assembly. 

" I am now to acquaint you. Gentlemen, that I have it command 
from the Proprietaries, to move you to pass a Bill for altering & 
amending the aforesaid Act of 1759, for granting One hundred 
thousand Pounds to His Majesty, &ca., so as to make it conformable 
to the Terms expressed in the Report of the Committee aforesaid, 
and to the Engagements entered into by your Agents ; and I do ac- 
cordingly, recommend this measure as fit to be taken into your pre- 
sent Consideration, not only because it appears to me to be ex- 
treamly just, but because a refusal, or further delay on your part,, 
maybe productive of those mischiefs & Inconveniencies which a for- 
mer Assembly seemed so much to apprehend from a Repeal of the 
vSaid Law, and which it was manifestly the Intention of your Agents 
to avert, by entering into the aforesaid Engagements. And I can- 
not but think it a lucky Circumstance that one of the Gentlemen 
who acted as your Agent in England during the whole of this trans- 
action, is now upon the Spot, and capable of explaining to you the 



12 MINUTES OF THE 

very good reasons and motives that induced him to enter into those 
Engagements. 

"JAMES HAMILTON. 
"January 18tb, 1763." 

The Governor laid before the Board two Bills, sent up by the 
House, for His Honour's Concurrence, the one entituled ' a Sup- 
plement to an act entituled ' An Act to enable the Owners and Pos- 
sessors of a certain Tract of Marsh and Meadow Land therein des- 
cribed, situate in the Counties of Philadelphia and Chester, to keep 
the Banks, Dams, Sluices, and Floodgates in repair, and to raise a 
Fund to defray the Expence thereof,' and the other entituled 

" An Act for extending and enlarging the Southern District of 
Darby Marsh, or Meadow Ground," which were read and considered, 
and there appearing nothing objectionable to them, they were re- 
turned to the House, with a verbal Message that the Governor was 
ready to pass them into Laws whenever they should be presented to 
him for that purpose. 



At a Council held at Philadelphia, on Tuesday, the 25th Jan'' 
1763. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, Lieutenant 
Governor, &'^- 

Kichard Peters, William Logan, Benjamin Chew, Esquires. 

The Governor having received by the Pitt Pacquet, a Letter da- 
ted Novem^- 27th, 1762, from the Right Honorable the Earl of Eg- 
reemont, one of the Principal Secretaries- of State, inclosing His 
Majesty's Proclamation of a Cessation of Arms agreed upon be- 
tween England, France, and Spain, laid them before the Board, to- 
gether with His Honour's Proclamation, which being read and ap- 
proved, a Warrant was issued for the affixing the (JreatSeal thereto, 
and the same was agreed to be published at the Court House to- 
Morrow at 12 o'clock, & ordered also, to be printed in the Penn- 
sylvania Gazette & Journal. 

The Governor directed the Secretary to prepare another Procla- 
mation for the Government of the Lower Counties, and to send the 
same to Richard McWilliam, Esquire, at New Castle, to be pub- 
lished at the Court House there. 



PROVINCIAL COUNCIL. 13 



A Letter from the Right Honorable the Earl of Egremont to the 

Governor. 

"Whitehall, Nov^- 27th, 1762. 
"Sir: 

*'It is with great pleasure I now acquaint you, that on the 8th 
Instant a Messenger arrived from the Duke of Bedford, with the 
Preliminary Articles of Peace, which had been signed on the 3rd of 
this Month, at Fontainebleau, by His Grace and the Plenipotentia- 
ries of France and Spain ; and another Messenger having Yesterday 
brought the Ratifications of the said Preliminaries, which had been 
exchanged at Versailles, on Monday last; His Majesty was pleased 
immediately to order a Proclamation to be published, declaring a 
Cessation of Arms, as well by Sea as Laud, which I inclose here- 
with, and am commanded to signify His Majesty's Pleasure to you 
that you do cause the same to be published in all the proper places 
under your Government, to the end, that all His Majesty's Subjects 
there may pay due obedience thereto, and strictly observe the same. 

" I congratulate you most sincerely on this fortunate Issue of the 
King's unwearied Endeavors to put an end to the Calamities of so 
long and destructive War, by restoring as far as has depended on 
His Majesty, the general Peace and Tranquility. 
*' I am, o'ith great Truth & Regard, Sir, 

"■ Your most Obedient humble Servant, 

"EGREMONT." 



Bij tie Jlonournlle JAMES HJIMILTOX, Enquire, Lieutenant 
Governor and Commander-in- Chief of the provuice of Pennsylva- 
nia, d; Counties of New Castle, Kent, & Sussex, iijoon Delaware, 

A PROCLAMATION. 

" Whereas His Majesty was graciously pleased on the twenty- 
Sixth day of November last past, to issue His Royal Proclamation in 
the words following, viz' : 
'• George, R. 

" \\hereas, I'reliniinaries for restoring Peace were signed at Fon- 
tainebleau, on the third day of this Instant, November, by the Min- 
isters of us, the Most Christian King, and the Catholic King: And 
ichereas, for the putting an end to the Calamities of War as soon 
and as far as may be possible, it has been agreed between Us, the 
most Christian King and his Catholick Majesty, as follows ; that is 
to say : 

" That as soon as the Preliminaries shall be signed & ratified, all 
Hostilities shall cease at Sea and at Land. 



U MINUTES OF THE 

"And to prevent all Occasions of Complaints and Disputes wLicIs 
might arise upon account of Ships, Merchandizes, and other EffectSj, 
■which might be taken at Sea, it has been also mutually agreed,, 
That the Ships, Merchandizes, and Effects, which should be taken 
in the Channel and in the North Seas, after the Space of twelve 
days, to be computed from the Ratification of the present Prelimi- 
nary Articles; And that all Ships, Merchandizes, and Effects, which 
should be taken after Six weeks from the said Ratification, beyond 
the Channel, the British Seas, and the North Seas, as far as the 
Canary Islands, inclusively, whether in the Ocean or Mediterranean j 
and for the Space of three Months, from the said Canary Islands to 
the J]quinoctial Line or Equator; and for the Space of Six Months, 
beyond the said Equinoctial Line or Equator, & in all other places 
of the World, without any exception, or other more particular Dis- 
tinction of Time or Place, should be restored on both sides. 

^^ And Whereas, the Ratifications of the said Preliminary Articles, 
in due form, were exchanged at Versailles by the Plenipotentiaries of 
Us, the Most Christian King, and of the Catholick King, on the 
twenty-second of this Instant, November, from which day the sev- 
eral Terms above mentioned, of Twelve days, of Six Weeks, of 
Three Mouths, and of Six Months, for the Restitution of all ShipSy 
Merchandizes, and other Effects taken at Sea, are to be computed. 
" We have thought fit, by and with the advice of our privy 
Council, to notify the same to all Our loving Subjects, and We do 
declare, That our Royal will and Pleasure is, and we do hereby 
strictly charge and command all our Officers, both at Sea and Land, 
& all other Our Subjects whatsoever, to forbear all Acts of Hos- 
tility, either by Sea or Land, against His Most Christian Majesty, 
and His Catholick Majesty, Their Vassals or Subjects, from and 
after the respective times abovementioned, and under the penalty of 
incurring our highest Displeasure. 

*' Given at Our Court at S'' James's, the twenty-sixth day of 
November, in the Third Year of our Reign, and in the Year of Our 
Lord 1762. 

" And Whereas, a Copy of the said Proclamation hath been 
transmitted to me by the Right Honorable the Earl of Egjemont, 
■one of His Majestie's principal Secretaries of State, who bath also 
signified to me His Majesty's Royal Will and Pleasure that the 
same should be published in all the proper places under my Gov- 
ernment, to the End that all His Majesty's Subjects there may pay 
due Obedience thereto, and strictly observe the same ; / have 
therefore, in Obedience to the said Royal Order, signified to me as 
aforesaid, with the advice of the Council, caused the said Proclama- 
tion to be this day ])ublished, and do hereby strictly charge and 
command all his Majesty's Subjects within this Province to take 
Notice of His Royal V/ill and Pleasure therein made known, and to 
conform themselves thereto accordingly. 

"Given under my hand, & the Great Seal of the Province of 
Pennsylvania, at Philadelphia, this twenty-sixth day of January, 



PROVINCIAL COUNCIL. 15 

in the third Year of His Majesty's Reign, and in the Year of our 
Lord, one thousand seven hundred & sixty-three. 

"JAMES HAMILTON. 
"By His Honour's Command. 

"Joseph Shippen, juu' • Secretary. 
"GOD SAVE THE KING." 



Wednesday, the 26th January, 1763. 

MEMORANDUM. 

This day at 12 o'Clock, the Governor being attended at His 
House by the Council, Mayor, Recorder, Aldermen, Common 
Councils, Sheriffs, and inferior Officers, & accompanied by several 
of His Majesty's Officers of the Army, went in Procession to the 
Court House, where being met by the Speaker and Members of 
Assembly, His Honor's Proclamation of the Cessation of Arms, was 
read by the Secretary, with the usual Solemnity, in the presence of 
a great Concourse of People. 



Esquires. 



At a Council held at Philad"' on Saturday, the 29th Jan'- 
1763. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, Lieutenant 
Governor, &c^" 

Joseph Turner, Benjamin Chew, 

Richard Peters, 

The Governor laid before the Board a Letter from the Earl of 
Egremont, one of His Majesty's Principal Secretaries of State, 
dated the twenty-seventh of Novem""- last, and also a Message to 
the Assembly he had prepared thereupon, which was read and ap- 
proved and sent to the House as follows, viz'-: 

A Message from the Governor to the Assemhli/. 

"Gentlemen : 

*" I have very lately had the Honour to receive from the Right 
Honourable the Earl of Egremont, one of His Majestie's principal 
Secretaries of State, a Letter written by the King's Command, in 
the words following, viz'-: 

" Whitehall, November 27th, 1762. 
" Sir : 

" Through the happy Conclusion of Preliminary Articles of 
Peace between His Majesty & the Most Christian and Catholick 



16 MINUTES OF THE 

Kings, wTiich it is hoped will soon be followed by a Definitive treaty 
of Peace, will make it unnecessary for me to renew His Majesty's 
Jlequisition of any further Levy of Men in the several Provinces 
in North America ; the King has nevertheless commanded me to 
express His Surprize at the Conduct of the Assembly of Pennsyl- 
vania (of which Sir Jeifery Amherst has transmitted a full Account) 
and His Majesty's high Disapprobation of their artfully evading to 
pay any Obedience to His Majesty's Requisitions; for though they 
with seeming Chearfulness, voted the Levy of one thousand Pro- 
vincials for the King's Service, yet His Majesty cannot but eon- 
eider their having obstinately persisted in the Bill they prepared 
for that purpose, to insert several Clauses which had been already 
disapproved of by the King in Council, & which they knew you 
could never consent to, consistently with your Duty to His Majesty 
and your Obligations to the Proprietaries. I say the King cannot 
but consider such Conduct as proceeding from a predeterminated 
Resolution not to afford any Assistance to the Service in General ; 
now the immediate Danger is removed from their own Doors, And 
the refusing at once to comply with the King's Demands, (as your 
Assembly has done in that most necessary Service of furnishing a 
proportion of Recruits for the Regular Forces, & which was so 
earnestly recommended to them in the King's name) or the grant- 
ing the Levy requested, and afterwards artfully rendering the same 
ineffectual, are considered by His Majesty as the same thiuj-', & 
cannot but equally incur his just Displeasure. And it is His Maj- 
esty's pleasure that you should make known to the Assembly of 
your Province in such manner as you shall judge most proper, 
these His Majesty's Sentiments of their Conduct, in order that they 
may not suppose that it is not seen in its true Light. I have, at 
the same time, the Satisfaction to assure you that the King is very 
sensible of your Zeal for His Service, & that you have urged, with 
proper Energy, every Argument and Motive to induce the Assem- 
bly of Pennsylvania to come to a due Sense of their Duty. 
" I am with great Truth and Regard, Sir, 

" Your most Obedient, humble servant, 
"EGREMONT." 



" Being required to make known to the Assembly of this Pro- 
vince, in such Manner as I should judge proper, His Majesty's Sen- 
timents of their Conduct with regard to His several Requisitions, 
laid before them the last Year; I have, in Obedience to the Royal 
Command, made choice of this method to communicate them to you, 
and have, at the same time, ordered the said Original Letter to be 
laid before you. 

"JAMES HAMILTON. 

" January 29th, 1763." 



PROVINCIAL COUNCIL. 71 

A Bill entitukd "An Act for striking the sum of Five thousand 
Pounds in Tickets and small Bills of Credit, to be exchanged for 
other Bills of Credit of this Province," which had been presented 
to the Governor for his Concurrence, was read and considered, and 
the Governor concurred in Opinion with the Council, that the said 
Bill ought to he returned to the House, with a Message signifying 
his dissent thereto. 



At a Council held at Philadelphia, on Tuesday the 8th of Feb- 
ruary, 1763. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, Lieutenant Gov- 
ernor. &ca. 

Richard Peters, William Logan, > t^ 

Benjamin Chew, 3 

The three following Bills having been sent to the Governor for 
his Concurrence, His Honor laid them before the Board, & they 
were read and considered, viz'- : 

" An Act directing the choice of Inspectors, and for holding the 
General Elections in the Counties of Lancaster, York, Cumber- 
land, Berks, and Northampton," which was sent to the House with 
a Verbal Message, that the Governor agreed to it. 

"An Act the better to enable the Persons therein named, to hold 
Land, &; to invest them with the Priviledges of Natural born Sub- 
jects of this Province," which was returned to the House with 
Amendments, founded on the Petition of Nicholas Weaver, & a Cer- 
tificate of his taking the Oaths, which were sent with the Bill. 

A;>d "An Act for the Relief of Persons whose Apprentices or 
Servants have inlisted in the late King's or his present Majesty's 
Service," which was also ordered to be returned to the House, with 
several Ameodmeats thereto. 



At a Council held at Philad''- on Tuesday the 15th February, 
1763. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, Lieutenant 
Governor, &"• 

Joseph Turner, Richard Peters, ) -p^ . 

William Logan, Benjamin Chew, j *^ ' 

The Governor laid before the Board three Bills that had been 
presented to him by the Assembly for his Concurrence, viz'': one 
entituled 

VOL. IX.— 2. 



16 MINUTES OF THE 

"An ActfortheRegulationof Apprentices within this Province;" 
■which was read and considered, and returned to the House with a 
few small Amendments. 

Another Bill entituled " An Act for regulating the Fines impo- 
sed upon the Assessors chosen or to be chosen within this Pro- 
vince ;" which being read and approved, was returned to the House 
with a Verbal Message, that the Grovcrnor agreed to it. 

And the other Bill entituled " An Act to limit the continuation 
of Actions in the Courts of Judicature within this Province ;" 
which was read & considered, & being disapproved, was returned 
to the House with the following Message : 

A Message from the Governor to the Assembly. 

" Gentlemen : 

"I have very carefully weighed and considered the Bill intituled 
' An Act to limit the continuanje of Actions in the Courts of Judi- 
cature within this Province ;' I would with great pleasure concur 
with you in any Laws, which in my Judgement had a Tendency to 
promote the public Good, and the happiness of the People, but I 
am fully satisfied that this Bill will by no means answer those val- 
uable Ends; on the Contrary, from the Nature of it, in many 
Cases it may, and some of necessity must, be subversive of Jus- 
tice. 

" The Judges of every Court of Record have a power to make 
rules for the expediting & bringing to a speedy Determination all 
Cases depending before them, which are binding, and have the force 
of Laws to all Intents and purposes on the Suitors and Gentlemen 
of the Law, in such Courts. 

" In the several Courts of Judicature in England, the rules made 
by the Judges are different, according to their different Circum- 
stances & Constitutions, and are varied from time to time, and new 
ones made, when upon experience they are found to be defective ; 
If, therefore, any Inconveniences have arisen in the Courts of this 
Province, from the too long continuance of Actions, I cannot but 
be of Opinion that it is much safer to leave this Mischief to be 
redressed by the Courts, who are entrusted with the administration 
of Justice, in whose hands the Wisdom of our Mother Countiy hath 
lodged this power, and who ought to judge of the reasonableness 
of any Motion to put off a Trial, than to lay them under the ne- 
cessity of compelling the parties to a Trial at a certain fixed Time, 
let the Exigency or Circumstances of the Case be what they may ; 
for which Reason I cannot assent to this Bill. 

" JAMES HAMILTON. 

"February 15th; 1763." 



PROVINCIAL COUNCIL. 19 

Tuesday the 22nd February, 1763. 
MEMORx\NDUM. 

The Assembly having presented to the Governor for His concur- 
rence the following Bills, entituled 

" An Act to enable certain Persons therein named, to erect a 
Court House at Easton in the County of Northampton, and to levy 
a Tax on the Inhabitants of the said County to defray the Ex- 
pence thereof ;" and 

''An Act concerning Horses, Cattle and Sheep, trespassing 
within this Province." 

His Honour returned them to the House by the Secretary, with 
His Assent to the former & one Amendment to the latter, without 
any other Objection to it. 



Wednesday, the 23rd February, 1763. 

The Governor having received no answer from the Assembly to 
his Message of the 18th January last, sent to the House the fol- 
lowing Message by the Secretary, viz'- : 

A Messaije from the Governor to the AssemUij. 

"Gentlemen : 

" In pursuance of Orders from the Honourable Proprietaries, I 
moved you by my IMessage of the Eighteenth of last Month, to 
pass a Bill for altering and amending the Act passed in this Pro- 
vince, in the Year one thousand seven hundred and fifty-nine, for 
granting One hundred thousand Pounds to His Majesty, &ca., so 
as to make it conformable to the Sentiments of the Lords of the 
Committee of His late Majesty's most Honourable Privy Council, 
expressed in their Report of the twenty-eighth of August, one thou- 
sand seven hundred & sixty, and to the Stipulations entered into 
on your behalf, by your Agents in England, both which have been 
long since laid before you. 

" But as no Bill hath yet been offered to me for that purpose, & 
you have not been pleased to return any answer to my Message, I 
am under the necessity of mentioning this m'atter again, and of de- 
siring that you will, in your present Session, acquaint me with your 
Resolution, whether you will or will not comply with the Engage- 
ments entered into by your Agents, by passing and offering to the 
Governor of this Province, 'An Act to amend the aforementioned 
Act,' according to the Amendments proposed in the Report of the 
Committee of (Council aforesaid, in order that I may transmit the 
same to the Proprietaries, with all convenient Dispatch. 

"JAMES HAMILTON. 
<< February 23rd; 1763." 



20; MINUTES OF THE 

Friday, 25th February, 1763. 

The Governor received by two Members a Message from the 
Ilouse of Assembly in the words following, viz'' : 

A Message to the Governor from the Assembly. 

May it please your Honour. 

" We have taken into our most serious Consideration your Mes- 
sages of the 18th of January, and the 23rd Instant, which we find 
to be of the same Tenor with your Message of the 28th January, 
1761, to which the then Assembly returned an Answer, wherein 
they say, after the strictest Enquiry, it appeared to them, that the 
Proprietaries had never received the least injury from the Act for 
granting one hundred thousand pounds to the King's use, passed iu 
the Year 1759 ; and that if it should appear to the House, that any 
Injustice was offered to the Proprietaries, or if the Governor, in behalf 
of the Proprietaries, should point out any Injury they might receive 
in the Execution of the said Act, they did not doubt the Assembly, 
for the time being, would chearfully and readily offer a Bill to the 
Governor to do them Justice; But as no injustice has since ap- 
peared to us, or been shewn by the Governor, to be done the Pro- 
prietaries, we are of the same Sentiments with that House, who, 
on the most careful Enquiry, found • that there had not been any 
Injustice done to the Proprietaries, or attempts made to rate or 
assess any part of their Estates higher than the Estates of like kind, 
belonging to the Inhabitants, are rated and assessed, but, on the 
contrary, that the}' were in many Instances rated below others / 
And as we find, by the returns now before us, from the several 
Counties, that no Change has been since made in the mode of Taxa- 
tion, we hope we may refer to our fornxer Message to the Governor 
on this Head, & more especially as the Acts by wliich their Estates 
are taxed, are temporary, & will expire in a few Years, by their own 
Limitation., 

''Signed by Order of the House. 

'•ISAAC NORRIS, Speaker. 

"February 26th, 1763." 



At a Council held at Philad*- on Monday, the 28th FeV- 1763. 

present: 

The Honourable JAMES HAMILTON, Esquire, Lieutenant 
" Governor, &c*' 

Richard Peters, William Logan, > -p,^ . 

Benjamin Chew, 5 

A Bill entituled "An Act for preventing abuses iu the Indian 
Trade, for supplying the Indians, Friends & Allies of Great Britain, 



PROVINCIAL COUNCIL. 21 

-with Goods at more easy Rates, & for securing and strengthening 
the peace and Friendship lately concluded with the Indians inhab- 
iting the Northera and Western Frontiers of this Province," having 
been pi'esented to the Governor for his Concurrence, was laid be- 
fore the Board, read, and duly considered ; and it appearing tocou- 
tain a Clause directly repugnant to the judgment of His Majesty 
and Council, in points of the same kind, & being also liable to other 
Objeciions, it was amended, & the Board were of Opinion that it 
;should be returned to the House with the Amendments, and the 
following Message which the Governor had prepared for that pur- 
pose. 

A Message from (he Governor to the Assembly. 

*' Gentlemen : 

" On considering the Bill entituled '■ An Act for preventing 
abuses in the Indian Trade, &ca.,' I am necessarily led to remind 
jou that by His late Majesty's Order in Council of the 2nd of Sep- 
tember, 1760, 'an Act of Assembly of this Province, passed in the 
Year 1759, for granting to His Majesty the sum of One hundred 
thousand Pounds,' was adjudged to be fundamentally wrong, and 
unjust in many Instances, respecting the Taxation of the Proprie- 
taries' Estate; and that the Engagement entered into by your 
Agents in England, and signed by them in the Books of the Coun- 
cil, (by which they undertook that the Assembly would prepare & 
■pass, and offer to the Governor of this Province, an Act to amend 
the aforementioned Act, according to the Amendments proposed in 
the Report of the Lords of the Ccyincil aforesaid,) was the principal 
Motive and Inducement which prevailed on His Majesty to suffer 
that Act to stand unrepealed at that Time. 

" And altho' a former Assembly, before whom the said Order of 
■Council was laid, did not incline to carry that Engagement into 
Execution, & yourselves, in your present Session, notwithstanding 
my Recommendation, have also declined to comply with it, yet, 
after so full and explicit a Declaration from the Crown, I say I 
little expected to find that in any future Bill for the raising of 
Money, you wouldjhave inserted a Clause that prescribes the very 
same Mode of Taxation which His Majesty in Council had pro- 
nounced to be fundamentally wrong and unjust, as it appears you 
have done by the Bill now under Consideration. 

" I am very sensible, Gentlemen, that a Law for regulating the 
Indian Trade, & to prevent those People from being ill used or de- 
frauded, in their Commerce with us, may be very conducive to His 
Majesty's Interest, and the Welfare of the Province ; and therefore, 
I am very well disposed to concur with ynu in enacting one for that 
purpose, provided it be so framed that I can, consistent with my 
Duty, give my Assent to it. But at the same I think it incum- 
bent on me to acquaint you, that in respect to pcints of this Nature, 



22 MINUTES OF THE 

the Judgment of the King and Council has, and I trust ever will 
have, such Weight and Influence with me as to prevent my acting 
in direct Opposition to it. 

" I flatter myself that, on reflection, you will be of Opinion that 
I could not be justified in departing from the rule of Taxation^ 
which, after mature Deliberation, has received the Approbation & 
Sanction of so wise and august a Body as that of the Council Board j 
and that you will either alter the Bill herewith sent down, so as to 
make it conformable to the abovementioned Order of Council, or 
consider of some other less exceptionable means to secure the 
Money which the Commissioners for the Indian Trade may have 
occasion to borrow; And that no time may be lost, I have ordered 
the Secretary to lay before you some Amendments, which appear to 
me necessary to be made in the other parts of the Bill. 

'' JAMES HAMILTON. 

"February 28th, 1763." 

A Bill entituled " An Act to prevent and remove certain nu- 
sances in & near the City of Philadelphia," was also laid by the 
•Governor before the Board, read & considered, and several Amend- 
ments being made thereto, it was ordered to be returned to the 
House with the same. 

A Bill entituled *' A Supplement to the Act entituled 'An Act 
for regulating, pitching, paving, & cleansing the Highways, Streets, 
Lanes, and Alleys, & for regulating, making, & amending the Water 
Courses and Common Servers within the Inhabited and settled parts 
of the City of Philadelphia, & for raising of money to defray the 
Expence thereof,' " being presented to the Governor for his Concur- 
rence, was read and considered,*& ordered to be returned to the 
House with some Amendments. 

The four following Bills having been presented to the Governor 
"by the Assembly for his Concurrence, were also laid before the Board, 
read, and approved, and the Secretary was directed to carry them 
down to the House, with a verbal Message that the Governor as- 
sented to them, viz'-: 

" An Act for erecting a House of Correction in the County of 
Lancaster." 

" A supplement to the Act entituled ' An Act for opening and 
better amending & keeping in repair the publick Roads & Highways 
within this Province.' " 

" An Act tor altering and enlarging the time of holding the 
Courts of the General Quarter Sessions of the peace & Gaol delivery, 
in the County of Bucks, & fir enlarging the time of holding the 
Courts of General Quarter Sessions of the Peace and Gaol Delivery 
in the County of Chester." 

" An Act to continue an Act entituled ' An Act for regulating 
Waggoners, Carters, Draymen, & Porters, within the City of Phi- 
ladelphia, & for other purposes therein mentioned.' " 



PROVINCIAL COUNCIL. -23 

Thursday, the 3rd March, 1763. 

MEMORANDUM. 

The Assembly having requested the Governor, by a Verbal Mes- 
sage, that he would appoint two members of Council to compare the 
Bills which had received his assent, with the engrossed Copies, His 
Honour named Richard Peters and Thomas Cadwallader, Esq"' for 
that purpose, who, with two members of the House, examined and 
compared the same in the Afternoon, and His Honour appointed 
to-Morrow at 12 o'Clock, for the attendance of the House, in order 
to enact thezu into Laws. 

Friday, 4th March, 1768. 

The Governor, by His Secretary, acquainted the Assembly that 
he required the attendance of Mr. Speaker, & the Gentlemen of As- 
sembly, in the Council Chamber, to pass the Hills to which he had 
given his Assent. Accordingly, the Speaker, and the whole House, 
attended in the Council Chamber, where his Honour enacted fifteen 
Bills into Laws, and signed a Warrant for affixing the Great Seal 
thereto. 

The Titles of the several Laws passed are as follow, viz*-: 

1. "An Act to continue an Act entituled ' An Act for regulating 
"Waggoners, Carters, Draymen, and Porters, within the City of Phi- 
ladelphia, &ca." 

2. " An Act for erecting a House of Correction in the County of 
Lancaster." 

3. " An Act for altering and enlarging the time of holding the 
Courts of General Quarter Sessions of the Peace and Gaol Delivery, 
in the County of Bucks, & for enlarging the time of holding the 
Courts of General Quarter Sessions of the Peace and Goal Delivery, 
in the County of Chester." 

4. " A Supplement to the Act entituled ' An Act for opening and 
better amending and keeping in repair the Publick Roads and High- 
ways within this Province ' " 

5. " An Act directing the choice of Inspectors, & for holding the 
general Elections in the Counties of Lancaster, York, Cumberland, 
Berks, and Northampton." 

6. " An Act concerning Horses, Cattle, & Sheep, trespassing with- 
in this Province." 

7. " An Act to prevent and remove certain Nusances in & near 
the City of Philad*" 

8. " An Act to enable certain persons therein named to Erect a 
Court House at Easton, in the County of Northampton, &- to levy a 
Tax on the Inhabitants of the said County to defray the Expence 
thereof." 

9. " An Act for the regulation of Apprentices within this Pro- 
vince." 



M MINUTES OF THE 

10. " An Act the better to enable the Persons therein named to 
hold Lands, & to invest them with the Privileges of natural bom 
Sabjects of this Province." 

11. ''An Act for the relief of Persons whose Apprentices or Ser- 
vants have inlisted in the late King's or His present Majesty's Ser- 
vice." 

12. "An Act for regulating the Fines imposed upon the Asses-* 
Bors chosen, or to be chosen, within this Province." 

13. "An Act for enlarging & extending the Southern District 
of Darby Marsh or Meadow Ground." 

14. "A Supplement to an Act entituled 'An Act to enable the 
Owners & possessors of a certain Tract of Marsh and Meadow Land 
therein described, situate in the Counties of Philadelphia & Ches- 
ter, to keep the Banks, Sluices, and Floodgates in repair, and to 
raise a Fund to defray the Expenee thereof." 

15. " A Supplement to the Act entituled ' An Aet for the regu- 
lating, pitching, paving, & Cleansing the Highways, Streets, Lanes, 
and Alleys, & for regulating, making, and amending the Water 
Courses and Common Sewers within the Inhabited and Settled parts 
of the City of Philadelphia, & for raising of Money to defray the 
Expenee thereof.' " 

The Speaker then acquainted the Governor that some further Bu- 
siness having come before the House this Morning, they intended 
to make a short Adjournment to the 28 of this Instant, March, in- 
stead of that to the 12th September, which they had Yesterday pro- 
posed. And His Honour having no objection thereto, the House 
made their Adjournment accordingly. 



At a Council held at Philad*- on Saturday, the 2nd April, 1763. 

PRESENT. 

The Honourable JAMES HAMILTON, Esquire, Lieutenant Gov- 
ernor, &ca. 

Hichard Peters, William Logan, ) t^ „ 

Benjamin Chew, | ^^^ ' 

The Assembly, having met on the 28th March last, pursuant to 
Adjournment, sent up to the Governour for his Concurrence the 
two following Bills, intituled 'An Act for preventing abuses in the 
Indian Trade, & for securing & strengthening the Peace & friend- 
ship lately concluded with the Indians inhabiting the Northern 
and Western Frontiers of this Province ;" And, 

" An Act for the better regulating the Keepers of Inns, Taverns, 
and other Houses of Entertainment, and more effectually to pre- 
vent the keeping Publick Houses without Licence, & to suppress 
Immorality within this Province;" which Bills being read and con- 
Bidered, the former was returned by the Secretary with one Amend- 



PROVINCIAL GOUNCIL. 25 

ment, & the latter, with the following Message to the House, re- 
fusing the Governor's Assent. 

A Message from the Governor to the Assemble/. 

"Gentlemen: 

" Being well assured that the Laws relative to the keeping of 
Publick Houses within this Province, are fully sufficient to 
answer the Purposes of preserving good Order and Reguiaritj 
in them ; and that were the Justices made acquainted, from time to 
time, with any Transgression of the said Laws, they would readily 
use their Authority tq enforce the Execution of them, and punish 
the Offenders. I cannot think the Provisions in the Bill intituled 
'An Act for the better regulating Inns, Taverns,' &ca., sent up 
for my Concurrence, to be at all necessary, & therefore cannot give 
my assent to the said Bill. 

"JAMES HAMILTON. 

" April 2nd, 1763." 



EODEM DIE, P. M. 

The Governor, having appointed this afternoon for the passing of 
the Indian Trade Bill, sent a Verbal Message to the House by the 
Secretary, that he waited in the Council Chamber for that purpose, 
& required the attendance of the House. The Speaker and the 
whole House attended, accordingly, and presented to the Governor 
the Bill entituled " An Act for preventing abuses in the Indian 
Trade, and for securing and strengthening the Peace and Friend- 
ship lately concluded with the Indians inhabiting the Northern and 
Western Frontiers of this Province," which His Honour enacted 
into a Law, and signed a Warrant for affixing the Great Seal 
thereto. 

The House afterwards adjourned to Monday, the 12th day of 
September next. 



At a Council held at Philadelphia, on Wednesday, 1st June, 
1763. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, Lieutenant 

Governor, &;ca. 

Benjamin Shoemaker, William Logan, ? u rs. 

Bichard Peters, Thomas Cadwalader, 3 ^^ 

The following petition of Bias Antonio Hernandez Factor, on 
Board the Ship Constanza, Commanded by Don Francisco Ar- 



26 MINUTES OF THE 

maolea, from the Havanna, was this day presented to the Governor, 
with the Captain's protest that the said Ship had Sprung a Leaque 
at Sea, which obliged her to put into the Port of Philad^- His 
Honour, in pursuance thereof, sent for the Naval Officer and Col- 
lector, & on finding the several matters set forth in the said Peti- 
tion & Protest to be reasonable and just. Agreed that the said Ship 
should be permitted to unlade in this Port, under the inspection of 
the Custom House Officers, who had already put Waiters on Board 
her, and ordered that her Cargo should be deposited in a Store 
until the Ship be repaired and made fit for the prosecution of 
her Voyage, and that one Key of the same be kept by the Col- 
lector, and another by the Naval Officer. 

'^To the Honourable JAMES HAMILTON', Esquire, Lieuten- 
ant Governor and Com'inander-in- Chief of the Province of, 
Pennsyvania, and Counties of New Castle, Kent, and Sussex, on 
Delaware. 

*' The humhlt Petition of Bias Hernandez, Merchant^ Owner or Fac- 
tor on board the Ship called the Constanza, otherwise St. Antonio, 
de padua, from the Havanna, & ichereof Don Francisco Ar- 
maolia is Mastr. : 

^'■Sheweth: 

" That, on or about the twenty-eighth day of April now last past, 
Your Petitioners sailed in and with the said Ship from the Ha- 
vanna aforesaid, having a Cargo of sundry Merchandize on board, 
bound on a Voyage to the Port of Cadiz, in Old Spain ; That in 
prosecution of such Voyage, in the Latitude of Thirty degrees three 
Minutes North, and Longitude of about Two hundred ninety-seven 
degrees fifty-two Minutes P]ast from the Meridian of Teneriffe, the 
said Ship sprung a Leak, at which she made so much Water as 
to be incapable of proceeding the said Voyage, & obliged them to 
put into this Port of Philadelphia (being the nearest) to refit; the par- 
ticulars of all which, appears by the said Master's and Manner's 
protest, regularly made at New Castle, &; herewith laid before your 
Honour ; Your Petitioner, therefore, prays your Honour to permit 
him to unlade the said Ship, in order to examine, repair, and make 
her fit to prosecute the said Voyage, and afi'ord him such other Re- 
lief in the Premisses, as shall be necessary for the purposes afore- 
said. And your petitioner will ever pray, &ca. 

''BLAS ANTONIO HERNANDEZ. 

'^Philad^' 1st June, 1763." 

The Gov''- appointed Mr John Gibson, Merch'- to transact all the 
necessary Business relating to the said Ship and Cargo, as Factor or 
Agent for the owner, during her continuance in this Port. 



PROVINCIAL COUNCIL 27 

The 2(1 June, 1763. 

MEMORANDUM. 

The Governor having received fresh Complaints from the Indians 
at Wyoming, that the Connecticut Tresspassers were still obsti- 
nately prosecuting their Settlement on the' Lands there & at 
Cushictunk, thought proper this day to issue a third Proclamation, 
requiring those Intruders forthwith to remove from the said Lands. 
His Honour likewise, the better to enforce his Proclamation, by a 
special Commission, appointed James Burd & Thomas McKee, 
Esq™' Justices of the Peace, and gave them written Instructions to 
proceed to Wyoming, and, having convened the people, settled there 
publickly to read the Proclamation, and to use their utmost En- 
deavours, by Expostulations & Arguments, to prevail on them to 
relinquish their Scheme of settling the Lands there, and to depart 
peaceably without Delay; otherwise to cause some of the Principals 
to be apprehended and carried to the Goal at Lancaster. 

*^Bi/ the Honourahle JAMES JT^iVILTON, Esquire, Lieutenant 
Governor & Commander-in-Chief of the Province of Pennsyl- 
vania, and Counties of JVeiccastle, Kent, and Sussex, upon Dela- 
ware. 

" A PROCLAMATION. 

"Whereas, divers Persons, the natural born Subjects of His 
Majgsty, belonging to some of the Neighbouring Colonies have, 
without any Licence or Grant from the Honourable the Proprie- 
taries of this Province, or Authority from this Government, made 
several Attempts, in Bodies, to possess themselves of & settle 
upon a large Tract of Land within the limits of this Pro- 
vince, not yet purchased from the Indians, lying at and be- 
tween Wyoming, on the River Susquehanna, and Cushietunck, 
on the River Delaware, and in the upper parts of Northampton 
County ; and have also endeavoured to persuade and inveigle many 
•of the Inhabitants of this and the neighbouring Provinces to con- 
federate and join with them in such their illegal and dangerous De- 
signs, and to assist in settling & holding the said Lands by strong 
hand; And Whereas, the Delawares and other Tribes of Indians 
who reside within that Tract of Country between Wyoming & 
Cushietunck, and also the Six Nation Indians, have, as well at pub- 
lic Treaties as at divers' other Times, repeatedly made Complaints 
and Remonstrances to me against the said Practices and Attempts, 
& in the most earnest manner requested & insisted that the said 
Intruders should be removed by the Government to which they be- 
longed, or by me, & declared if this was not done the Indians would 
come & remove them by Force, and do themselves Justice ; but de- 
sired that the said Intruders might be previously acquainted there- 



28 MINUTES OF THE 

with, that they might not pretend Ignorance ; Aad Whereas, not- 
withstanding I have already issued two Proclamations, viz'' the first 
dated in February 1761, & the second dated the 16th day of Septem- 
ber following, to apprize the said Intruders of their danger, and to 
forbid their settling on the said Lands and strictly enjoining & 
requiring in His Majesty's Name, all those who had presumed to 
settle on any part thereof, immediately to depart & move away from 
the same ; yet I have lately received Information and fresh Com- 
plaints from the said [ndians that divers Persons, in contempt of 
such my several Proclamations, and the Threats of the Indians, do 
still persist in their said Design, and are now actually settling on 
divers parts of the said Lands about Wyoming and Cushietunck. 

" Wherefore, as well to continue my endeavours to preserve the 
Peace and Friendship which is now so happily restored and subsist- 
ing between us and the Indians, and to prevent the mischievous and 
terrible Consequences of their carrying into execution such their 
Threats, from which I am greatly apprehensive the Indians cannot 
any longer be restrained, if the said Intruders shall not immediately 
relinquish their Designs of settling the said Lands, as also again to 
warn any of the Inhabitants of this Province from being unwarily 
drawn in to join the said Intruders in such their unjust designs of 
making Settlements in the said Indian Country, I have judged it 
proper, before any Force shall be used against the said Intruders, 
by and with the advice of the Council, to issue this my Third Proc- 
lamation, hereby again strictly enjoining & requiring in His Majes- 
ty's Name all and every person and persons already settled and resid- 
ing on the said Lands (Indians excepted) immediately to depart and 
move away from the same. And do hereby forbid all His Majesty's 
Subjects of this or any other Province or Colony, on any pretence 
whatsoever, to intrude upon, settle or possess any of the said Lands, 
or any other Lands within the Limits of this Province not yet pur- 
chased of the Indians, as they will answer the contrary at their 
Peril, and on pain of being immediately prosecuted with the utmost 
Kigour of the Law. And hereby also strictly charging, enjoining & 
requiring all Sheriffs, Magistrates, Peace Officers, and all other His 
Majesty's liege People within this Province, to exert themselves and 
use their utmost Endeavours to prosecute and bring to Justice & 
condign Punishment^ all Offenders in the Premises. 

^' Given under my hand and the Great Seal of the said Province, 
At Philadelphia, the second day of June, in the Year of our 
Lord, one thous''' seven hundred & sixty-three, and in the third 
year of the Reign of our Sovereign Lord George the 3rd, by the 
Grace of God of Great Britain, France, & Ireland, King, Defen- 
der of the Faith, &'=^- forth. 

"JAMES HAMILTON. 
"By his Honour's Command, 

JosEP-n Shippen, Jun'' Secretary. 

"GOD SAVE THE KING." 



PROVINCIAL COUNCIL. 29 



Instructions from the Governor to James Burd, & Thomas McKee, 
Esq"- 

^^ By the Honourahh JAMES HAMILTON, Enquire, Lieutenant 
Governor, and Commander-in-Chief of the I^rovince of Penn- 
si/hania, & Coiinties of Newcastle Kent, and Sussex, on Dela- 
ware. 

" To James Burd & Thomas McKee, of the County of Lancaster, 
in the said Province, Esquires, Greeting. 

"Gentlemen : 

" I have hitely received Intelligence with fresh Complaints from 
the Indians at Wyoming, that the Connecticut People still persist 
in prosecuting their Scheme of settling the Lands about Wyoming, 
and at & about Cushietunck ; And with the advice of the Council, 
I have thought it proper to issue a third Proclamation on that oc- 
casion, & to desire that you ■will immediately take a Journey to 
Wyoming, -with such assistance as you shall judge proper to take 
along with you, and use your best endeavours to pursuade or drive 
away all the White People that you shall find settled, or about to 
settle there, or on any Lands not yet purchased from the Indians. 

" Before you shew yourselves amongst them, you will gain all 
the Information and Light you can into their Designs, what their 
numbers are, & learn the names of as many as you can ; where set- 
tled, or about to settle; What numbers (and from whence) they 
expect to join them 

"On your arrival amongst them, you will convene the heads of 
them, & after reading the Proclamation, expostulate with them 
about the Injustice, Absurdity, and Danger of their attempting to 
settle there, and let them know that I expect and require of them 
by you, that they shall all immediately Depart and quit their Set- 
tlements, and if they shall agree to go away peaceably, You will 
then after their departure, see all their Buildings and Improve- 
ments destroyed ; and in case they refuse to comply, You will then 
acquaint them that they may rest assured that besides the danger 
they may be in from the resentment of the Indians, this Govern- 
ment will never permit them to continue there; and that therefore 
it would be most advisable for them to return peaceably to their 
own Country, & desist entirely from their design of making any 
more Settlements there. 

" If you find these Expostulations and persuasive means shall 
not succeed, & that you can do it without danger of Resistance 
from a Superior Force, & the risque of Bloodshed (which by no 
means hazard) I would have you, either by Stratagem or Force, to 
get three or four of the ringleaders, or others of them, appre- 
hended and carried to the Goal at Lancaster, sending with them a 



30 MINUTES OF THE 

proper force & Mittimus under your hands & Seals, there to wait 
my further Orders. 

" And if that cannot be done, you will endeavour to get the 
names of as many of them as you can, in order that they may be 
prosecuted at Law, and further measures taken with them, as shall 
at your Return be judged most proper. For this end I have 
armed you with a special Commission, constituting you Magistrates 
of the Counties of Northampton, Berks, and Lancaster, but I im- 
maginc, the Lands where they are settling must be in Northamp- 
ton County. 

" You will please to keep a Journal of your Proceedings, and 
on your return report the same to me in writing under your 
hands, with an Account of your Expences, that orders may be 
given for the discharge thereof. 

" Given under my hand & Seal-at-Arras, at Philadelphia, the 
second day of July, Anno Domini, 1768. 

"JAMES HAMILTON." 



At a Council held at Philadelphia, on Monday the 20th June, 
1763. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, Lieutenant 
Governor, &c^- 

William Logan, Richard Peters, '\ 

Thomas Cadwalader, Benjamin Chew, >• Esquires. 

Joseph Turner, ) 

The Governor laid before the Board sundry Letters of Intelligence 
from the Frontiers, containing Accounts of Hostilities committed 
by the Western Indians, on His Majesty's Subjects within this 
Province, & of the Suspicious Behaviour of the Indians settled on 
the upper parts of the Susquehanna. The said Letters were sever- 
ally read, &l were fi'om the following Persons, viz'": 

One from Lieut. Sam'- Hunter, to Col. Ja'- Burd, dated at Fort 
Augusta, loth June. 

Ditto from Lieut. Caleb Graydon, to Ditto, dated D' 15 June. 

Ditto from Mr. Geo. Croghan, to the Governor, 

Shippensburg, 11 June. 

Ditto from Mr. Joseph Shippen, Jun'-' Sec^' to J)"' dated at Har- 
ris's Ferry, inclosing a list of the Indians now living on the North 
West Branch of y^ Susquehanna. 

Ditto from CoP' James Burd, to the Governor, dated at Hunter's 
Fort, 17 June. 

Ditto from Col. Boquet, to Ditto, dated , 19 June. 

Ditto from Capt. Ourry, Command^ at Fort Bedford, to the 
Governor, dated 10 June, 17G3. 



PROVINCIAL COUNCIL. 31 



At a Council held at Philadelphia on Thursday the 23rd June, 
1763. 

PRESENT : 

The Honourable JAMES HAMILTON, Esq^- Lieut'- Governor, 
&ca. 



Esq" 



Benjamin Shoemaker, Benjamin Chew, 

William Logan, Thomas Cadwalader, 

The Governor laid before the Council several Letters received by 
him last Night, from the Frontiers of this Province, giving him in- 
formation of new Murders & Depredations lately committed by the 
Indians on divers of his Majesty's Subjects on the said Frontiers, 
and represented that the remainder of the Money granted to His 
Majesty by the last Supply Bill, subject to the disposition of the 
Governor and the Provincial Commissioners, was expended; the 
Council thereupon advised the Governor to summon the Assembly 
as soon as possible, and lay before them the Intelligence he has re- 
ceived, and the great danger the Province is in from the Indians, 
that they may provide for the Publick Security; And His Honour 
concurring in Opinion with the Council, ordered Writts to issue 
for summoning the Assembly to meet on the 4th day of July 
next. 



Tuesday, the 5th July, 1763. 

The Assembly having met yesterday, pursuant to the Governor's 
Summons, issued on the 2ord June, His Honour sent to the House 
by the Secretary, the following Message, with Letters therein re- 
ferred to, from Sir Jeffery Amherst, dated the 12th & 25th June 
last, & sundry others, containing matters of Intelligence concerning 
the late Incursions & Depredations committed by the Indians on 
the Frontiers. 



A Message from the Governor to the Assembly. 

" Gentlemen : 

*• Being sensible how very inconvenient your attendance in As- 
sembly at this Season, must be to your private affairs, nothing less 
than the most urgent necessity, and an immediate want of your assist- 
ance for the publick Safety, could have induced me to call you to- 
gether before the time to which you stood adjourned. 

"At a Time when, by the happy success of Ills Majesty's Arms, 
and the Wisdom of his Councils, a peace, equally glorious to his 



32 MINUTES OF THE 

Crown, and beneficial to His Subjects in all Quarters of the World, 
hath been lately concluded; & while we were filled with the pleasing 
hopes of reaping the just fruits of the excessive Labour and Ex- 
pence, which have been bestowed in eff"ecting that great & Salutary 
work, it gives me the utmost concern to be obliged to acquaint you 
that our Toils are not yet come to an end, but that fresh troubles 
have arisen from a Quarter whence we had little reason to expect 
them, and which, if not timely repelled, or otherwise composed, 
may again deluge this Country with Blood & Rapine. 

" It is now about a Month since we were alarmed by accounts 
from the commanding officer at Fort Pitt, that Murders and other 
Hostilities had been committed by Indians (but of what Tribe or 
Nation was not known) on many of His Majesty's Subjects in those 
parts, some of them almost within sight of the Fort; and that they 
had even been hardy enough to assault IJis Majesty's Posts of San- 
dusky and Detroit, in the former of which they had succeeded, & 
put great part of the Garrison to the Sword, but had happily failed 
with respect to the other; all which accounts have been since con- 
firmed. 

"Immediately, on receipt of these advices, I thought it incumbent 
on me to provide for the Security of the important Garrison of 
Augusta, by reinforcing it with a considerable number of men, & 
putting the Frontiers into as good a State of Defence as the short- 
ness of the time would allow; both which Services, with the Con- 
currence of the Provincial Commissioners, have, in a good Measure, 
been accomplished out of the remainder of the last Supply granted 
to His Majesty, then undispos'd of; and I am in hopes that it is at 
present in a Condition to withstand any Attack that may be made 
upon it by Indians. 

"As, after the first Blow that was struck, no further Depreda- 
tions were, for some time, heard of, I was in hopes it was rather 
the effect of private Resentment, than of a general Combination 
of the Indians to make war upon these Colonies, but the Cruel 
Murders that have since been committed, not only upon our 
Traders, but upon several new settled Families, far within the 
purchased parts of the Province, without the least Provocation from 
the unhappy sufferers, too plainly evince these Hostilities to be the 
efiiect of some concerted Plan, which, whether so extensive or not 
as was at first apprehended, has nevertheless been attended with 
all the bad eff"ects that could have resulted from a general Combi- 
nation, the loss of lives only excepted, in as much as from a Dread 
of being cruelly butchered, the miserable People throughout almost 
the whole Frontiers of the Pi-ovince have been induced to desert their 
Settlements with the utmost Precipitation, together with all their 
Worldly Substance, and to take refuge in the interior Parts, where 
it cannot but be extremely burthensome to the Inhabitants to sup- 
port them. 

"Under these Circumstances, repeated Applications have been 
made to me for Succour, on behalf of those who are now become 



PROYINCIAL COUNCIL. S3 

the Frontier Inhabitants, in order to enable them to make a stand, 
and repel the Enemy, in case they should be attacked, as well as 
to cover the Reapers in the time of, their approaching Harvest, by 
means whereof they are in Hopes of being able to secure a con- 
siderable part of the Crop now in the Ground, which is absolutely 
necessary for the subsistence of the Country. 

" But as it is not in my power to afford them an effectual aid, 
without the assistance of your House, I have called you together, 
to give you an opportunity of consulting and providing for the 
Publick good & safety, and do most earnestly press you, that you 
will, with as little Loss of time as possible, enable me to raise a 
Body of Men for the purpo-3es aforesaid, as well as do every other 
thing that may be thought necessary for the protection of the 
Country at this dangerous and critical Juncture. 

" His Excellency Sir Jeffery Amherst, Commander-in-Chief of 
His Majesty's Forces in North America, hath done, and is now 
doing everything in his power for securing the important Posts to 
the V^estward, and to that end, hath sent thither as considerable a 
Body of regular Troops as the present weak state of the Army 
under his Command will admit of. But as the full protection of 
so extensive a Frontier will require a much greater number of Men 
than he can possibly spare, 5'ou will see by his Letter of the 25tli 
of June, which I now lay before you, what it is he expects we will 
do for our own Defence, And as every particular therein appears 
to me extreamly reasonable, & even absolutely necessary, I beg 
leave to recommend the Contents to your immediate Consideration 
& Compliance ; And in particular, that you will forthwith pass a 
Bill for compelling the Inhabitants to furnish Carriages, &ca.,for 
His Majesty's Service; as, without such an authority, it will be 
difficult, if not impracticable, to transport such quantities of Pro- 
visions and Stores as may be necessary for the Subsistance & Preser- 
vation of the King's Garrisons. 

" I have only to repeat my Request, Gentlemen, that whatever 
you shall think pi-oper to do upon this occasion, may receive all the 
Bispiitcli the Nature of the thing is capable of, as I am apprehen- 
sive that without some speedy Encouragement on the part of the 
Legislature, the Frontier Settlements will be entirely abandoned^ 
and left a prey to the Enemy. 

<'JA,MES HAMILTON. 
■ " July 4th, 1763." 



VOL. IX.— 3. 



M MINUTES OF THS 

A Letter fr&m General Amherst to the Governor. 

, «Ns.w York, June J2ih, 1763. 

" Od the Intelligeaee received from CoL Boquet, of the 'bad Id- 
*entioiis of the Indiansy I have thought it necessary to sead two 
Gosapanied, under the Command of Major Carapbell, towards Phila- 
(^elphia^ that the CoL ciay employ thera as he may judge best on 
the CommuDieation. It is paiTticularly ineonvsaient at this time^ 
■when I am in hoyrly espestatioa of rsgeiving Di?8ctioas from Home, 
for the general ArraHgem-eat of the Troops io this Country, but I 
eorald Bot hesitate a laomeat in sendiiig what assistance I can spare^ 
wbea tbe Inhabitanta seem to be in Baagerfjom the atteaipts- of the- 
Savages. 

"Colonel Be^uet a^quasiatsme thsst youiBtendei' to apply toyo^r 
Cou-ncil for some Men to send to the support of the Oarrison- of Fo7t 
Augxtsta^ & I Batter SBysslf your applicatioa will be atiended with- 
success. Surely if the Province have the least Regard for their 
fellow Subjects^ they will chearfully lend their assistance at a time 
when there appears jreal Banger from a sett of Sayages^ who shew 
m> Merej in their Depredations. 

'■^ I am, with great Regard, Sir^ 

" Your Mo&t Obed*^' Hum-- Serv"' 

'^ JEFF. AMHERST." 



Jl Ifhd Let^T from General Aniherii to tTis Gomrm^r, 

" New Yosk, June 2&th^ 176S". 
"Sir: 

" As it 20-!^ appears from tlje Intelligence reeeiTed lrom^ all Quaif-' 
ters, that the Indians seem determined to pusb their Depredation3;r 
owing, I suppose, to some advantages they have gained over Strag- 
gling parties of Traders, and a false hope of the Detroii: and the 
upper Posts being cut of, I think it my Indispensable L'uty onee 
»ore to renew my Instances with you, to lose no time in Gulling 
yo-ar Assembly, k pressing them to enable you to raise, with thi- 
Tatmost Dispatch, a Body of Men to bs employed in the Defence 
aad protection of the Frontiers. 

" Capf- Curry writes me that there are many of the Inhabitants 
ijear Bedford, who are ready to enter into the Provincial Service. 
Should you be enabled to issue Commissions, which I hope you will 
he, no time shoaild be lost in sending proper Orders for recruiting, 
those Men, as well as for forwarding any others that laay enlist as- 
fast as raised, to the Commuaicatio!^' above. 

"I find Mr. Croghan has very judiciously engaged twenty-five- 
Mes to Garrison Fort Littleton, and I EioJse no doubt but the Peo- 



PROVINCIAL COUNCIL. 35 

vince will readily defray the Expence of those Men, so long as it 
may be judged necessary to continue them. 

"There is one thing more which I have to lay before you; I 
mean the necessity of procuring a Law to compel the Inhabitants 
to furnish Carriages, as Colonel Bouquet writes me, without such 
an Authority, he despairs of being able to get on with the Troops, 
■& such a quantity of Provisions as will be absolutely necessary for 
their Subsistance. This, therefore, will admit of no Delay, and I 
■am persuaded you will give it the utmost dispatch, that this mo3t 
essential Service may not be retarded when it is in the power of the 
Legislature to remove the Difficulty. 

" I am with great Regard, Sir, 

"Your most Obed'- hum''- Servant, 

" JEFF. AMHERST." 



6th July, 1703. 

The Governor laid before the House a Letter received by Express 
from Col*^ Bouquet, at Carlisle, which follows in these words: 

^'Sir: 

"I am sorry to acquaint you that our Posts at Presque-Isle, Lc 
Beuf, and Venango, are cut off, and the Garrisons Massacred by the 
Savages, except one Officer & Seven men, who have escaped from 
Le Beuf. Fort Pitt was briskly attacked on the 2'2nd; had only a 
few Men killed & wounded, & dispersed the Enemy. Fort Ligo- 
nier has likewise stood a vigorous attack, by means of some Men 
who reinforced that small Garrison from the Militia of Bedford. 
The Indians expect a strong Reinforcement to make new attempts on 
these two Post. 

" If the Measures I had the Honour to recommend to you in my 
'Letters of Yesterday, are not immediately put into Execution, I 
foresee the Ruin of the part of the Province on this side Sasque- 
hannah, & as York County would be covered by Cumberland, I 
think they ought to joiu iu assisting to build some Posts, and sav- 
ing the Harvest. It would not be less necessary to send imme- 
diately arms and Ammunition to be distributed to the Inhabitants to 
■defend their Reapers. 

" I have the Honour to be. Sir, 

" Your most Obed'' Humble Serv'- 

" HENRY BOQUET." 



36 . MINUTES OF THE 

Thursday, 7th July, 1763. 

Two Members of Assembly waited on the Governor with a Copy 
of two llcsolves made by the House, which are as follows, viz'- : 

" In Assembly, July 6th, 1763, A. M. 

"The House resumed the Consideration of the Governor's Mes- 
sage, which, with the several Letters of Intelligence attending it, 
was read again, and after some time spent therein, 
^' Resolved, 

" That it be recommended to the Governor and Provincial Com- 
missioners, to take into the immediate pay of this Province, any 
number of the Back Inhabitants and others, not exceeding Seven 
hundred men, exclusive of those already in the service of the Gov- 
ernment, to be divided, stationed, & employed in protecting the 
Frontier Inhabitants, within the purchased parts of the said Pro- 
vince, during the time of Harvest, or until the next Meeting of this 
House, 
'•' Resolved, 

" That if the sum of Money now remaining in the Publick 
Treasury, should prove insufficient to defray the Expence of raising 
the aforesaid Number of Men, this House will, with the Assent of 
the Governor, supply the Deficiency at their next Meeting.". 



Escf 



At a Council held at Philadelphia, on Friday the 8th July, 
1763. 

PRESENT : 

The Honourable JAMES HAMILTON, Esq^ • Lieut'- Governor, 
&c'- 

Kichard Peters, Benjamin Chew, 

Thomas Cadwalader, 

The Governor laid before the Board two Bills, which the House 
sent up for His Honour's Concurrence, vizt. : 

" An Act for regulating the Hire qf Carriages to be employed in 
His Majesty's Service.'' 

" An Act for regulating the Officers and Soldiers in the pay of 
this Province." 

And the same being read & approved, were sent by the Secretary 
to the House, with the Governor's assent. His Honour at the same 
time sent the following Message to the House, viz'- : 

A Message from the Governor to the Assembly. 

" Gentlemen : 

" In the course of the present Year a great deal of Publick Busi- 
ness hath been transacted by me, and, 1 believe, as many useful Laws 



PROVINCIAL COUNCIL. 37 

enacted as by any of my predecessors in the same space of time, yet 
I have not understood that any Allowance hath hitherto been made 
to me for my Support, as hath been customary in this Province. 
I therefore beg leave to recommend this matter to your Considera- 
tion. 

"JAMES HAMILTON. 
"July 8th, 1763." 

The House then sent two Members to the Governor, to know at 
■what time His Honour would be pleased to pa^s the said Bills; And 
the Governor desired them to acquaint the House that he should be 
ready in the Council Chamber at Half an Hour after 12 this after- 
noon, for that purpose. 



EODEM DIE, 12^ o' Clock. 

The Governor, by His Secretary, acquainted the House that he 
waited in the Council Chamber, & required their attendance there, 
in order to pass the Bills, which had received his assent. The 
Speaker & the whole House attended accordingly, & presented to 
the Governor the Bill entituled "An Act for regulating the hire of 
Carriages to be employed in his Majesty's Service," And a Bill en- 
tituled " An Act for regulating the Officers and Soldiers in the pay 
of this Province;" which His Honour enacted into Laws, & signed 
Warrants for affixing the Great Seal thereto. The Laws were or- 
dered to be deposited in the Roll's Office after they were Sealed. 

Mr. Speaker then presented to the Governor a Certificate for 
.£500, towards his Support for the Current Year, for which His 
Honour thanked the House. 

The House adjourned to Monday the 12th September nest. 



At a Council held at Philad"' on Monday, the 25th July, 1763. 

PRESENT : 

The Honorable JAMES HAMILTON, Esquire, Lieutenant 
Oovernor, &c*- 

William Lngan, Richard Peters, | Esquires. 

Joseph Turner, Thomas Cadwalader, j " 1 

The Governor having received by the Pitt Pacquet, from the 
Right Honourable the Earl of l^gveraont, one of His Majesty's prin- 
cipal Secretaries of State, the King's Proclamation of the Peace, 
with His Lor^Iship's Letter, dated at Whitehall, 26 March, 1763, 
signifying His Majesty's Commands to have the same published in 
all proper places within his Government, laid them before the Board, 
which were read, and are as follow, viz'-; 



38 MINUTES OF THE 

A Letter from tlie R'ujlit Honourable the Earl of Egremont, to the 

Governor. 

"Whitehall, 26th March, 1763. 
"Sir: 

" His Majesty having been pleased to order the Peace to be pro- 
claimed in the usual manner on Tuesday last, I have the King's 
Commands to transmit to you, herewith inclosed, the Proclamation 
issued on that occasien, & am to signify to you His pleasure that 
you cause the same to be published in all the proper places within 
your Government, To the End, that all His Majesty's Trading Sub- 
jects do take notice of His Royal Will and Pleasure therein, and 
conform themselves thereto accordingly. 

" I am, with great Truth & Regard, Sir, 

" Your most Obedient Humble Serv'- 

EGREMONT, 
" L'- Gov''' of Pennsylvania." 



"J5y the King. 
"A PROCLAMATION. 

" George R. 

" Whereas, a definitive Treaty of Peace & Friendship between 
Us, the Most Christian King, & the King of Spain, to which the 
King of Portugal hath acceded, bath been concluded at Paris, on 
the tenth day of February last, & the Ratifications thereof have been 
exchanged upon the tenth day of this Instant March ; In Confor- 
mity thereto, We have thought fit, hereby, to Command that the 
same be published throughout all our Dominions; And We do De- 
clare to all Our Loving Subjects our Will and Pleasure, That the 
said Treaty of Peace and Friendship be observed inviolably, as well 
by Sea as Land, and in all places whatsoever; strictly charging & 
commanding all our Loving Subjects to take Notice hereof, & to 
conform themselves thereunto accordingly. 

" Given at our Court at St. James's, the twenty-first day of March, 
one thousand seven hundred and sixty-three, in the Third Year 
ol our Reign. 

"GOD SAVE THE KING." 



His Honour also laid before the Council, the Draught of a Proo 
lamation to be issued here, which was read and approved, and it 
was agreed that the same should be published at the Court House, 



PROVINCIAL COUNCIL. m 

tLtifi day at 12 o'Clock, aed priated in t-ke PeEBsylvanla Gaiette J.ti(i 
^fouruai. The Proclamatiea follows m these worda, viz": 

■(* By the H(Moiim.Ue J^MES EAMILTOM, Esqmre^ LkwfetKmt 
Governor, <& G<}mniander-m-Ckujf of the Province of Pennsffi- 
vania^ and CovMtles of Newcasde^ Keait, «^ Sussex, upon Delm- 
tffare. 

^'APE0CLAMATI02»r. 

" Wheseas, 'His Majeety kath latdy b&sn graciously pleased to 
issue his Royal Proeiamatioa iii the words fellowing. viz' : 

^'Grecrge R. 

" Whereas, a Definitw-e Treaty af Pea^ce .&nd Frieads!i],p be- 
tween «s, the laost Chrietian KiEg, &i the KiEg of Spain, to whic&. 
the King of Portugal hath acceded, hath been -eoBclu.ded at Parifi, 
on the lOth day of February last, and the Ratifications thereof, itave 
beea exchanged upon the tentk day 'of this Instant, March; Iel 
donformity thereunto, We have thought St fcec'eby to command 
that the eauie 'be published tiroJJEghott all oar Dosiaiensj And we 
■do declare to all o^r loving Subjects otii- Will and Pleasure, that the 
said Treaty of Peace and FficEdshiip be Gbserved inviolably, as 
well by Sea as Land, & in all places whatsoever, strictly charging 
■& consEaandiog all our loving Subjects to take aoti^jc hereQ£, amd 60 
^oaforia themselves thereunto aocordiagly. 

'^^ Given 8Li our 'Court, at St. Jamies's, tke twenty-first day of Marcfi, 
one tiiousand sevea hiiadred & Sixty-djree, in tke third Fear of 
our Reiga,'' 

"And Wkef^G&, A Copy of 'fhe asM Proclaeiatiosa h&th hoGii 
traEsmitted to me by the llight KoEOurafeic, the Earl cf EgreiaooT, 
one of his Maiiesty'g Principal Secretaries ■«€ State, who hat^h signi- 
fied to me that it is His Majesty's Wiill and Pleasure, tfeat the 
same should fee pufcliehed at all the proper places in my Govents- 
mentj I have, therefore, ia <}bedaen<;e t® the Royal Ordec sigadiied 
to me as aforesaid, with the advice of tke CoHHcil, caused the said 
ProckEaatioE to be this day p^bilished, a©(5, do hereby stricdyctarge 
and command all his Majesty'-g Subjocte, within this Proviace, to 
lake Eotice of His Reyai WiJi and Fleasufe thereia, aad ccnforta 
tbeiaeeives thereto aecordiflgly, 

•^' GitKn under jay hacd, and the Said Brsvinee ^f PeKasylvaEis,, 
at Philadelphia, this twenty -fifth day of July, in the tliird year 
of the S.eiga of our Sovereiga Lord, George tl^e tJiird, King 
of <xreat Bfitaia, France, &, Xrelaad, Acai., & m the Year of our 
Locd, 1763. 

^' JAMES HAMILTON- 
*^ By his Honour's Command, 

^'Joseph SiiippEN, Juu"- Secretary. 

« aOD SAVE THE KINa." 



4© MINUTES OF THE 

The Governor tlien laid before the Board the following Letter 
from the Lords of Trade, dated Wliitehall, April 29tli 1763, signi- 
fied His Majesty's pleasure that a Day of thanksgiving be observed 
within this. Governaient, on the bappy conclusion of the Peace ; 
which being read, His Honour appointed Tuesday the 9th of Au- 
gust nest, to be set apart for that purpose, a Proclamation of the 
same be accordingly prepared and approved, was ordered to be pub- 
lished in the Penn-sylvania Gazette and Journal : 

A Letter from the Lords- qf Trade to the Govemo''', 

" Whitehall, April 29, 1763. 
"Sir: 

" The King haying jii'dged it proper that a Pabliek Thanksgiving- 
to Almighty God should be observed throughout all His Majesty's 
Colonies in America on the happy Conclusion of the Peace, We 
have received His Majesty's Commands to signify to you His Royal 
Pleasure that yov\ do, upon receipt of this Letter, appoint a proper 
and early day of Thanksgiving, to be observed by all His Majesty's- 
good Subjects under you? Government, in such manner and with 
such Forms of Prayer as have been usual on like Occasions. 
'^We are, Sir, 

^' Your Most Obed'' hble Servants,, 
"GEO. EICE, 
" ORWELL, 
" BAMBER, 
"E^ BACON, 
" SHELBURNB, 
" SO AME JENYNS, 
" GASCOYNE, 
"JOHN YORKE. 
"Jamss Hamilton, Esq'-' Dept^"- Gov'- of Pennsylvania," 



By the Iluno'umUe J^MES HAMILTON, Esqmre, Li'eutenang 
Governor mid Commander-in- Chief of the Province of Pennsyl- 
vania, &■ €imnties of New Omtle, Kent, and Sussex 'upon Bela- 

"A PROCLAMATION, 

" Whereas^ onr Most Gracious Sovereign, from a Ten<ler Re- 
gard to the Welfare and Happiness of His Subjects, and from a 
sincere and humane desire of putting a Stop to the Effusion of 
Christian Blood;, bath been pleased to make, ratify and coniirm a 
Treaty of Peace & Friendship with their most Christian and Catho^ 
lie Majestys^ the Kings of Fsaace and Spain ^ And TsfAfyews, His 



PROVINCIAL COUNCIL, 41 

Majesty, from a deep sense of the goodness & protection afforded him 
by Almighty God, in the success with which His Fleets and Armies 
have been blessed in the Course of the late War, hath thought fit to 
order and command that days of Public & General Thanksgiwng 
should be observed with due solemnity in ev:ry part of His Domin- 
ions, To the intent that all His Loving Subjects may have proper 
Opportunities of lifting up their Hearts and Voices in Acts of 
Gratitude and praise to the only giver of all Victory. I have, in 
Obedience to the said Royal Order, with the advice of the Council, 
ordain and appoint, and do hereby ordain and appoint, that Tuesday, 
the Ninth day of August next, be set apart and observed throughout 
this Province, & the Counties of New Castle, Kent, and Sussex on 
Delaware, under my Government, as a Day of Publick prayer, 
Praise and Thanksgiving to Almighty God, for His unspeakable 
Blessings bestowed upon us throughout the Course of a long and 
bloody War, and for bringing the same to an happy Issue, by the 
Re-establishment of Peace on Terms of Glory to His Majesty, and 
of solid and Permanent Advantage to His Subjects in all Quarters of 
the World. 

" And I do recommend it to the Ministers & Preachers of the 
Gospel, of all Denominations, to compose suitable Prayers & 
Sermons on this truly happy & Solemu occasion, and do require 
the said Ministers to Publish this Proclamation to their respective 
Congregations, on one of the Sundays preceeding the said Day of 
Public Thanksgiving. 

" Given under my hand & the Great Seal of the said Province 
of Pennsylvania, at Philadelphia, this twenty-fifth day of July, 
in the third Year of the Reign of our Sovereign I^ord, George 
the third. King of Great Britain, France, and Ireland, &"*' And in 
the Year of our Lord, one thousand seven hundred & Sixty- 
tlircG 

« JAMES HAMILTON. 

" By his Honour's Command. 

"Joseph Siiippen, Jun'' Secretary. 
''GOD SAVE THE KING." 



Eodem Die, at 12 o'clock. 

The Governor and Council, preceeded by the Sherifi" & his Offi- 
cers, and attended by the Mayor, Recorder, Aldermen, & Common 
Council, & accompanied by the Clergy and several of His Majesty's 
Ofiicers of the Army and other Gentlemen, went in Procession to 
the Court House, where His Honour's Proclamation of the Peace 
was read by the Secretary, with the usual Solemnity, in the pre- 
sence of a Great Concourse of People. On this occasion the Bells 



42 MINUTES OF THE 

of Christ Church were rung, and a Royal Salute fired by the Guns 
of the Battery. 



At a Council held at Philadelphia on Monday the 12th Septem- 
ber, 1763. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, Lieutenant 
Governor, &ca. 

William Logan & Richard Peters, Esquires. 

The Assembly at their last Meeting having adjourned to this 
day, the Governor prepared and laid before the Board the fol- 
lowing Message, which was read and approved, and the Secretary 
was ordered to carry it to the Assembly as soon as they should 
make an House. 

A Message from the Governor to the Assembly. 

" Gentlemen : * 

" Agreable to the Resolve of your House of the 6th of July last, 
I have, with the Concurrence of the Provincial Commissioners, 
taken into the Pay of this Province Seven hundred Men, exclusive 
of those which compose the Garrison of Fort Augusta, for the de- 
fence and protection of our Frontiers, against the Incursions of our 
cruel and barbarous Enemies the Indians ; And I have the satis- 
faction to acquaint you, that under the aforesaid protection, great 
part of the Harvest, which is of so much Importance to the back 
Inhabitants, hath been gathered in, and as well secured as the 
Season of the Year would admit. It cannot, however, from its 
Situation, but be continually exposed to the Danger from the 
Enemy, until it shall be threshed out, and transported to the inte- 
rior. pa,rts of the Province ; a Task which the unhappy Owners 
represent themselves unable to perform, without the further assis- 
tance of the Government. 

"Although for the two last Months, Gentlemen, We have been 
so happy that our Frontiers have been very little, if at all, infested 
by the Enemy; yet ought we not from thence to conclude that this 
favourable Respite hath been owing either to Remorse for the 
cruelties they have already exercised, or to any desire of reconciling 
themselves to us, of which no Overture has hitherto been made, 
that I know of, but solely to their ardent desire of pursuing & cut- 
ting off the Convoy that was marching under the Command of 
Col°- Bouquet, to the relief of Fort Pitt, then closly besieged by 
their Friends & Allies; but having, happily for us, miscarried in 
that attempt, and been repulsed & defeated with considerable Loss, 
through the good Conduct & Abilities of the Commanding Officer, 
& the Bravery of His Majesty's Troops; and thenceforth despairing 



PROVINCIAL COUNCIL. 45 

to reduce that important Fortress by Famine, as they had vainly 
immagined, there is the greatest Reason to expect that, so soon as 
they shall find themselves sufficiently reinforced, they will renew 
their Hostilities against our Frontiers with redoubled Force. 

'' It is therefore, in my Opinion, of the greatest Consequence that 
a number of Troops should be still kept on Foot for the protection 
of the Frontier Settlements, In Hopes that e'er long some general 
Measures will be fallen on by the Colonies, for the Carrying on the 
War with Vigour, and attacking the Enemy in their own Country, 
in order thereby to bring it to a speedy Determination. 

"And as the time limited by the aforesaid Resolve of Assembly^ 
for retaining the Troops in pay, is nearly expired, I do now ear- 
nestly recommend it to you, either to renew the said Vote for a 
longer time, and with greater Latitude to the Orders of the Gover- 
nor and Commissioners, or to devise some other Measure, which 
shall appear to you more effectual, both for the Protection of our own 
People, & for the Annoyance of the Enemy, and, in particular, to 
provide a sufficient Fund for supporting the heavy expence that 
does of necessity attend military Operations ; In doing of all which 
you may be assured of my hearty Concurrence and Assistance, so 
far as is consistent with my Honour and the Trust reposed in me. 

"JAMES HAMILTON. 

« September 12th, 1763." 



Friday, P. M., the 16th September, 1763, 

Two Members of Assembly having waited on the Governor this 
forenoon, to acquaint him that a Sufficient number was met to make 
a House, & they were ready to proceed on any Business his Honour 
had to lay before them ; the Secretary, by His Honour's directions, 
carried the Message of the 12 Inst'- to the House, with a Verbal 
Message, "That the Governor intended the Message should have 
been delivered on the day to which the House adjourned, and since 
that time. His Honour had received two Letters of Intelligence from 
Jonas Seely, Esq'-" which he then laid before the House, & are as 
follow, vizt. : 

A Letter to the Governor from Jonas Seely, Esqr. 

"Sinking Spring, Sept. 10th, 1763. 
" Honoured S'- : 

"I am sorry I have to acquaint your Honour of the follow^ Mel- 
ancholly accounts, which I received by Express from Capf- Kern, 
last night; on the Eighth Instant a party of Indians came to the 
House of one John Fincher, about three quarters of a mile distant 
from a party of Capt" Kern's Men, commanded by Ensign Sheffer; 



41 MINUTES OF THE 

thej killed Fincher, his Wife, & two of his Sons; his Daughter is 
missiug; one little Boy made his Escape from the Savage?, and 
came to the Ensign, who immediately went to the place with his 
Party. But the Indians was gone, and finding by their Tracts 
which way they went, pursued them to the House of one Nich'- Mil- 
ler, where he found four Children murdered; Our Party still pur- 
sued, and soon came up with the Enemy, & fired on them. They 
returned the fire, But the Soldiers rushed on them so furiously that 
they soon ran off & left behind them two prisoners, two Toma- 
hawks, one Hanger, and a Saddle; the Indians were eight in num- 
ber, and our party seven ; three of the Enemy was much wounded. 
The two prisoners which our Party recovered, was two of said Mil- 
ler's Children, which they had tied together, and so drove them 
along. Miller's Wife is missing; in all, there is eight killed & two 
Missing in that neighborhood. 

" I am, Honoured Sir, 

" Your most Obedient humble Servant, 

''JONAS SEELY." 



A second Letter' to the Governor from Jo7ias Seeli/, Esquire. 

Reading, Septem'- 11th, 1763. 
^'Honored Sir: 

"This Moment, at Beading, as I was sending off the Express, 
certain Intelligence came, that the House of Frantz Hublcr, in 
Bern Township, about 18 Miles from here, was attacked on friday 
Evening last, by the Indians ; himself is wounded, his Wife and 
three Children carried off, & three other of his Children Scalped 
alive, two of whom are since dead. 
" I am, Honoured Sir, 

" Your most Obedient humble Servant, 

"JONAS SEELY." 



At a Council held at Philadelphia, in the State House, on Satur- 
day, the 17th September, 1763. 

■ PRESENT : 

The Honourable JAMES HAMILTON, Esquire, Lieutenant 
Governor, &ca. 

William Logan, Benjamin Chew, > Esquires 

Richard Peters, Thomas Cadwalader, 5 

John Curtis, ^ 

Sam. Curtis, |- Nanticoke Indians. 

Jemmy Nappire, ) 



PROVINCIAL COUNCIL. 45 

Jolin Curtis, addressing himself to the Governor, spoke as fol- 
lows : 
" Brother : 

" i thought, when I came here, that there would have been an 
Interpreter in Town, and as I do not speak English well, I am afraid 
I shall not be understood, 

'' Brother : 

" Listen to the Wighalousin Indians, Papounan sends a Mes- 
sage by me, to the Governor, in behalf of them. 

" Brother : 

" We do not understand why there should be any Difference be- 
tween us. We have considered this matter well, and are sur- 
prized at the Disturbances that have lately been made by other In- 
dians, We cannot see that there is the least Reason that there 
should be any Difference between our Brethren, the English, & our- 
selves, the Wighalousin Indians, for when we look all around us, 
we cannot find the least Cause given ; the p]nglish have always 
used us well. And as to us, the Wighalousin Indians, we do not 
concern ourselves with any thing but the Worship of God. 
" Brother : 

"We remember, very well, the Message you sent us by our Bro- 
ther Teedyuscung, about three Years ago. The Message was very 
agreeable to us. After he had delivered it he left us, and went 
further up into the Country. And there were some of our People 
who had purchased Prisoners and Horses that the other Indians 
had taken from the White People, And, as that Message was so 
agreeable to us, we brought down, & delivered up all the Prisoners 
and Horses to the Governor, and cleared ourselves of them entirely. 
The Governor knows this, and remembers it well. 
" Brother : 

"x\fter the Treaty two Years ago, as the Indians were returning 
home, a Delaware Indian was killed a little above Hays's. As soon 
as this news reached the Indian Country, some of his Relations 
were so exasperated, that four of them immediately sat off and 
came down with an intention to kill some of the White Folks. On 
their way, they called at Wighalousin & stopt there. When they 
informed us of their design, the Indians of Wighalousin, Men, 
Women, & Children, did all in their power to disswade them from 
it, & joined in a Collection of Wampum & delivered it to them to 
pacify them, on which they returned home. Papounan & the 
Wighalousin Indians, sent a message to you, our Governor, to acquaint 
you with what they had done. We hope you will remember it 
well. You told us, in answer. You were much pleased with the 
Steps we had taken to prevent this mischief, and assured us, when- 
ever you heard of any mischief designed against us, you would 
acquaint us with it. This pleased us so much, & whenever we 



46 MINUTES OF THE 

think of it it makes us easy and satisfied, as we think we can de- 
pend upon you. And since that, we have nainded nothing else but 
the religious worship of God." 

Gave a String. 
"Brother: 

** I am now going to deliver a Message from Indians of several 
different Nations, as follows : 

"The Oneidas, Tuscaroras, Delawares, and Munseys, living at 
Onohoquagey. 

*' Nanticokes, and Conoys, Onondagoes, & Mohickons, at Che- 
nango. 

*' Cayugues & Munsies, at Chokenote. 

"And a few Shawanese, art Awaigah. 
" Brother, Listen us to Us : 

" All these Nations have but one Mouth, & speak now as one 
Man. They have appointed the Nanticoke King to speak in be- 
half of them all. 

" Brother : 

"We have been councelling twelve days in the Nanticoke Town, 
and have joined together so as to make one. We have heard of the 
Disturbances you have had with other Indians; But we are all in- 
clined to be at Peace, and are resolved to preserve it, and keep fast 
hold of the Chain of Friendship. We are very sorry to hear of the 
disturbances to the Westward. We do not know what the great 
Western Nations intend to do. We are afraid perhaps, they may 
all join together to make War against the English. 

" When I came away, all these Nations sat off to go to Sir Wil- 
liam Johnson, to hold a Treaty with him; and when they return, 
they will inform us of every thing that may be settled and agreed 
on, and then we shall acquaint you with it. 

"This Council, as they knew Papounan was disposed to peace, 
desired him to acquaint the Governor with their Resolutions." 

Gave a White String. 
" Brother : 

" The reason of this Council's meeting, was on account of two 
Belts of Wampum, sent by Sir William Johnson to Onohoquagey 
& Chenango, by which he informs the Indians there that he had 
formerly opened a Road to those two Towns, but that now the 
Bryers and Weeds were grown so high that the Roads could 
scarcely be seen ; that he now cleared the Road again in such a 
manner that as he sat in Council at home he could see them, and 
as they sat in Council they might also plainly see him ; That the 
Governor of New York, who was the greatest of all the Governors, 
had directed him to send those two Belts, to desire them to sit still 
and lie quiet, as they always had done; that he always observed 
whenever other Indians were uneasy, and making Disturbances all 
around them, they, the Nanticokes and Conoys, were always quiet 



PROVINCIAL COUNCIL. 47 

& peaceable ; that he hoped they would continue so, and assured 
them he would take them into his Arms and protect them, and that 
it was in his power to do so. It was on this account that the In- 
dians held their late Council, and were sit out to give an answer to 
those two Belts. 
" Brother : 

" The Message you sent us lately, with a Belt and two Strings 
of Wampum, was delivered at Wighalousin, and our King there 
joined another String to the Belt, and sent it to Atsentsing. 
The two Strings were sent to the Nanticokes ; when it came 
there, their King joined another Belt to them, and sent them 
to the Onondagoes, and they sent them to the Seneca Town. 
The Senecas could not understand the meaning of them, as they 
could not read the written Message that came with them. There 
was an Indian Trader there at that time, who read the Message 
very well in English, but as he did not speak the Mohawk 
Language, but here and there a word, he could not interpret it to 
them ; And as they could find no means of understanding it, they 
took it with them to Sir Y/illiam Johnson, that he might explain it 
to them." 

He said he had now finished what he had in Charge, on which 
the Governor told him he would speak to him the beginning of 
next Week. 



Monday, P. M. 19th September, 1763. 

By the Governor's directions the Secretary laid before the 
House the Minutes of a Conference held with the Nanticoke In- 
dians, from Wighalousin, on Saturday last, and also an Estimate of 
the pay due to the Pennsylvania Forces, and of the Sums accru- 
ing on account of their Subsistence, Provisions and Bounty, from 
the time of their Enlistment to the Sixteenth Instant inclusive. 

Wednesday, 21st September, 170-3. 

The Governor sent to the House, by the Secretary, a written 
Message, founded on a Letter he had lately received from Mess"' 
Sargent, Aufrere, and Barclays, inclosing Stipulations agreed to 
and signed at a Meeting in London, the 19th May last, of the seve- 
ral Agents employed to receive the Money voted by Parliament 
to the Colonies of North America, for services performed by them, 
in the Year 1760, which were laid before the House. The said 
Stipulations and Message follow in these Words, viz'-: 

''At a Meeting in London, the 19th day of May, 1763, of the 
several underwritten Agents empowered to receive the money voted 



48 MINUTES OF THE 

by Parliament to the Colonies of North America for the Services 
performed by them in the Year 1760, to witt: 

"For Massachusetts Bay, Jasper Manduit, Esquire. 
''New Hampshire, John Thomlinsnn, Esq"" 
" Rhode Island, Joseph Sherwood, Esq'- 

"Connecticut, Richard Jackson, Esq''- 

«' New York, • Rob'- Charles, Esq'-' for Sir W"- Baker 

& himself. 
" New Jersey, Henry Drnmmond, Esq'-' for Drum- 

mond & Co. 
" Pensilvania, Ju°- Barclay, Esq'' for Mess"' Aufrere, 

Serjeant, & Barclay. 
" Virginia, Edward Montague, Esq'- 

The several following Papers were read & taken into Considera- 
tion, to witt : 

"A Certified Copy under the hand of one of the Secretaries of 
the Treasury of General Amhurst's Return of the Troops far- 
nished hy those Colonies for the Year 17G0, in these words : 

" Return of the Troops furnished by the several Provinces iu 
North 2imerica, for the Publick Service, in the year 1700 : 

" Provinces or Colonies. 

" New Hampshire, 

" Massachusetts Bay, 

" Rhode Island, 

" Connecticut, 

"New York, 

" New Jersey, 

" Pennsilvania, 

" Maryland, 

" Virginia, 

" NorUi Carolina, 

"South Carolina, 

" These are to certify the Right Hon"''' the Lords Comraiss" of 
of His JMajesty's Treasury, that the above is a true state of the 
respective Quotas of Men raised by the several Provinces on the 
Continent of North America, in consequence of His Majesties Re- 
quisition for the service of the Year, 1760, as nearly as the num- 
bers can be ascertained from the struggling manners in which the 
Provincials take the Field ; The Province of Carolina did make 
Provision for raising 1000 men for the Expedition against the 
Cherokees, under the Command of Colonel Montgomery, but there 
were very few raised, the numbers not exceeding oO, exclusive of a 
Corps of Rangers consisting of about 500 Ilort'emen, which were 
in the pay of the Province, and principally employed in escorting 
Provisions, &ca., to the Army and out Posts. 

"JEFF. AMHERST. 

"A true Copy. — C. Jenkinson." 



fiimber of Men vo- 


Number of Men ac- 


ted to be levied, 


tually raised & took 


Clothed and paid. 


the Field. 


800 


796 


5500 


4964 


1000 


952 


5000 


3397 


2680 


2468 


1000 


935 


2700 


1350 


1000 


1000 


500 





PROVINCIAL COUNCIL. 49 

A certified Copy, in like manner, of an Extract of a Minute of 
the Treasury Board, bearing date the 18 day of June, 1762, in 
these words : 

"Whitehall Treasury Chamber, 18th June, 1762. 

PRESENT : 

" Sir Francis Dashwood, 

*' Lord North, 

"Mr. Oswald. 

"Read a Letter from Hob'- "Wood, Esq""- of Lord Egremont's 
Ofl&ce, stating that there is no exact account and regular Return 
made to Lord Egremont's Office, but that it appears, by General 
Amherst's Correspondence, that the number of Troops demanded 
by General Amherst of the Provinces were the same as in 1759, 
and the Services pretty much the same j General Amherst's corres- 
pondence being indefinite, and some of the Agents insisting that 
their Colonies sent more Troops in proportion to the rest, in 17tJ0, 
than they had done in the Year 1759. 

" My Lords direct that General Amherst be wrote to for his cer- 
tificate, which must be the Rule of this Apportionment, unless the 
Agents can agree amongst themselves as to th-j number of Troops, 
and Times in which they were employed. 

" A true Copy. 

«J. DYSON." 

A certified Copy, in like manner, of the Letter of the Agents to 
Samuel Martin, Esq'' then one of the Secretaries of the Treasury, 
dated the 25th June, 1762. 

London, 25 June, 1762. 
" S'- : 

" In obedience to the command of the Right Hon'''^ the Lords 
Commiss" of His Majesty's Treasury, signified by your circular 
Letter of the 21st Instant to the Agents of the Colonies of North 
America, touching the distribution of the 200,000 Pounds granted 
by Parliament in 1761, as a Compensation to the said Colonies for 
the Troops raised, clothed, and paid by them respectively, in the 
Year 1760. We, whose names are underwritten, have mett & 
considered what has been recommended to us by your said Letter, 
and as it appears to us that the Services performed by our respec- 
tive Colonies in the Year 1700, was exactly similar to that of the 
preceding year. We are humbly desirous that their Lordships may 
order the appointment of the Money granted for the Year 1760, in 
the like manner as was done in the Year 1759, and in case, from 
the return of General Amherst, any inequality should appear in 
this apportionment, we are willing and contented that out of the 
Money to be granted for the Year 1761, such inequality be adjusted 
VOL. IX. — i. 



50 MINUTES OF THE 

and settled at the good pleasure of their Lordships, to which we- 
readily submit ourselves, and are, with great Regard, Sir, 
" Your most Obedient Servants, 

" For New York, R. CHARLES. 

" New Hampshire, JOHN THOMLINSON. 

" Connecticut, R°- JACKSON. 

,, -p ., . CGEO. AUFRERE. 

rensuvania, IJORN BARCLAY. 

« New Jersey, AND. DRUMMOND & CO. 

" Rhode Island, JOS^"- SHERWOOD. 

" Massachusetts, JASP'*- MAUDUIT. 

"A true Copy. 

" C. Jenkinson." 

Whereupon, it being Observed that the Apportionment made by 
the Treasury Board to the respective Colonies for the Year 1760, 
differs materially from that which would have been made under 
General Amherst's Return, which the Lords' Commissioners of the 
Treasury, by the extract of their minute above mentioned, consider 
as the rule of Apportionment, &, according to which, therefore, the 
Agents, by their Stipulation in the above recited Letter, have en- 
gaged to adjust the inequalities that might arise on their Lordships' 
issuing, at the request of the said Agents, the Money voted for the 
Service of 1760, upon the footing of the preceding Year, the Exi- 
gencies of several Colonies requiring that the Distribution should 
not be delayed, because if the said Agents had not so agreed, their 
Lordships would have waited for the said Return, and upon receit 
of it would thereby have governed their Apportionment. 

A Calculation was then presented, read & examined, whereby it 
appears that on the said Distribution there has been overpaid : 

To Connecticut £ 3,619 12 

Pensilvania 10,947 



Making together, 14,566 1 2 

And that the Proportion of the said sum becoming due and paya- 
ble to the Six other Colonies is thus: 

From Connecticut. Pensilvania. Totals. 



Massachusetts Bay, 


461 13 6 


1396 6 6 


1858 




New Hampshire, 


167 4 6 


505 18 6 


673 


3 


Rhode Island, 


631 12 


1910 3 


2541 


15 


New York, 


1444 7 6 


4368 2 6 


5812 


10 


New Jersey, 


581 


1757 3 


2338 


3 


Virginia, 


333 14 6 


1009 6 6 


1343 


1 




3619 12 


10,947 00 


14,566 


12 






. 




■ 



PROVINCIAL COUNCIL. 51 

The Agent for the Colony of Connecticut aeknowledgei that ia 
consequence of the Stipulation made by the said Letter, the demand 
founded thereupon from the said Colony, appears to him to be just, 
and ought to be discharged out of the Mooey to be issued to that 
Colony, for the Service of the Year 1761, at the good pleasure of 
their Lordships of the Treasury, if to them it shall so seem meet. 

The Agents for Peasilvania making the like ackaowledgment of 
the Justice of the said demand made upon them in behalf of the 
said Colony, represented that they were informed that General Am- 
herst, m his return for the Year 1761, has not mentioned any 
Troops as furnished by Pensiivania, and consequently, if that Re- 
turn governs the ensuing distribution, no part thereof will fall to 
the share of that Province; that the whole sum which had beea 
issued to them for the Year 1760, was nearly drawn for from Pen- 
silvania, & thereby they had it not in their power to make good the 
Stipulation in the said Letter mentioned, but that they bad such, 
faith and Confidence in the Honour of the Colony they served, and 
believed that the engagement of their Agents would be so punctu- 
ally discharged, that they were ready and willing to come into any 
reasonable & equitable proposition that may be satisfactory. 

Whereupon, it was proposed, and upon deliberate Consideration, 
unaniniously agreed that the Agents of Pensilvania do forthwith 
represent this matter to their Constituents, praying them that for 
the Honour of the said Colony, and for supporting the Credit of 
their Agents, Order might "be taken to pay over in America, as soon. 
as may be, to the Treasurers of the respective Colonies above men- 
tioned, or to other Persons thereunto authorized, the said sum of 
£10,947 Sterling, in the proportions before stated. 

Whereof, all the said Agents are to apprize their respective Con- 
stituents, transmitting to them a Copy of this minute. In Faith 
and Testimony of which transaction, the said Agents have hereunto 
set their hands, in Order to be deposited, if ueed be, at the Trea- 
sury Board, and to eight Duplicates of the same, to be transmitted 
to tlieir respective Constituents, 

«JASP« MANDUIT, 
"JOHN TOMLINSON, 
"R° JACKSON, 
"HENRY DRUMMOND. 
"R. CHARLES, 
" J. BARCLAY, 
For Serjeant Aufrere Barclay & Self. 
"JOSEPH SHERWOOD, 
"R'' JACKSON, 
For Edw"^ Montague, Esq'; 



m MINUTES OF THE 

A Message from the Governor io the Assembly:. 

" Gentlemen : 

" I sosae time siace receiTecI from Mess"" Sarjeant^ Anfrere, <^ 
Barclays; the Agents appointed bj this Province to receive the dis- 
tributive Share of the aaoney granted by ParliaEicnt for SsrviceS' 
done by the Nojthern Colonies, the Letter and Iselosare herewith 
laid befo-re yoB, in the last of which, it is alledged by the Agents of 
the other Provineeg, and allowed by our own, that out of the Parlia- 
inentary Grant for the Year one thousand seven hundred and sixty, 
Pennsylvania iiath leceived the sum of Ten thousand nine bundre^J 
and forty-seven Pounds Sterling more than its j"ast Proportion, ac- 
cording to General Amherst's ^seturn of the Troops furnished by the 
Colonies for that Year, and that consequently, the said Saai ought 
Ho be paid over as soon as may be, to the Treasurers, or other Per- 
sons aiithoriaed by the respective Colonies to receive the same, ac- 
cording to the Proportions in a Calculation made for that pBrposCy 
and contained in the body of the said Inclosure. 

" If, Gentlemen, on perusing and eonsidefing the above meu- 
iioBed Papers, yon shall find them (as I doubt net you vfill), to con. 
tain a true State of the case, according to the General's Return, I 
am perswaded thexe will not be occasion of many words to induce 
you to naake immediate Provision for the Repayment, as is desired, 
of "whatever we have received more than we are fairly intitled to^ 
Dot only for the Satisfaction you will take in doing an Act of Jus- 
lice to the other Colonies, but for discharging our aforesaid Agents 
of an Engagement they entered into on our Behalf, and which, ifi 
appears, they are very sollicitous to see punctually complied with. 
I, therefore, earnestly recomittend this matter to your serious Coia- 
sideration. 

"JAMES HAMILTON. 

" SeptemlDer 20tb; 1763/' 



At a Council held at Philad''' on Thuraday, tbe 2&tk Septeaiber, 
1763. 

PRESENT : 

The Honourable JAMES HAMILTON, Esq'" Lieut'- Goyernor, 

■&C£i. 

Richard Peters, Benjamin Chev7, Esq' 

A Bill entituled " An Act for striking and emitting the sum of 
Twenty-five thousand Pounds in Bills of Credit, and giving the same 
to the King's use, and for providing funds to sink the Bills so te 
be emitted, by continuing an Excise upon Wine, Rum, Brandy, & 
other Spirits, and by applying the Neat proceeds of the Stock and 
Effects now in the Lands o^f the Cemmissioners for Indian Affairs/'" 



PROVINCIAL COUNCIL. 5$ 

liaviag been seet up to the Governor for his CoEeurrence, His Hon- 
our, altering considering it, and finding it to contain a Chuise di- 
rectly repugKaut to the Judgment and Detirniiaation of His late 
Majesty in Council^ on Points of the same kind, laid the Bill before 
the Board, with other objections to it, and the following Message to 
the House, which was read and approved, and fche Bill was ordered 
t© be returned to the House with the Message. 



A 3fess6Cffe from the Governor (o the AseemU^'. 

^' G-entlemen : 

" I observe by the Supply Bill sect up for my Coacurreaoe, in- 
tituled ' An Act for strikiEg aiid emitting the sum of Twenty-five 
thousiuad Pounds, & giving the same to the King's use, &ca.,' That 
the SUE! of Tweaty-five thossaad Pounds m Paper Bills of Credit 
is directed to be struck and issued in lieu of Money, and that the 
said Bills are made a legal Tender in. discharge of all Debts, Daes, 
and Demands whatsoever, although, at the same time, every body 
must be sensible that they are by no lueaas e<:jual to, but fall 
greatly short of the coEiinal value at wliich they are to be emitted. 
Hence jt is that, with real coQ'Cern, I find myself obliged t3 differ 
with you upon this head, and to remind you of certain Transactions 
before His late Majesty in Council, relative to an affair of precisely 
the same Niture with that under Cocsideration. 

" You will be pleased, Gentlemen, to remember, that aiaoEg the 
several Previsions in the Supply Bili of one thousand seven hun- 
dred and fifty-nine, to which your Proprietai-ies objected, one was, 
that the Bills of Credit to be thereby issued, were laade a iegal tender 
for the discharge ©f all Debts and Cou tracts whatsoever, at the ratea 
at which they were emitted, by which they coaceived themselves 
liable to great inj>ustice ia the payments of their Rents and Qait- 
rents, and thereupon made application to His Majesty hi Council 
for Redress, And the Lords of the Council having heard, among 
others, the merits of the aboveiuentioned Clause or Provision, fully 
■oanva&sed and debated before them by iearu'sd Counsel on both 
sides, were pleased to report to His Majesty their Opinion that the 
said Act was fundamentally wrong and unjust, and ought to be re- 
pealed, unless certain Alterations and Amendments by theai speci- 
fied, could be made thereie ; Of which Alterations, that which priu- 
cipally relates to the present Bill, is to the Effect following, to wit: 
that iustead of the Clause which makes paper Bills of Credit, at the 
rate they are emitted, a legal tender to the Proprietaries for their 
Rents, which are reserved in Sterling, the Provision should be, that 
the Payments by the Tenants to the Proprietaries, of their Rents, 
shall be according to the Terms of their respective Grants, as if such 
Act had never been passed. Upon which report of their Lordships 



M MINUTES OF THE 

there is little room to do^jbt but the first mentioned Aet worald have 
been repealed at that time^ had Bot your Agents, then in England, 
interposed^ and prevented it by undertaking, by their Agreement, 
entered in the Books of the Privy Counc-il, that (in ease the said 
Act should not be repealed) the Assembly would amend it according 
to the Amendiaents proposed by tbe Lords of the Committee of 
Council in their R&port of that day. Upon -which said UDder- 
taking, on Behalf of the Assembly, His Majesty was gracjouslj 
pleased so far to rely as to permit the said Act to stand unre- 
pealed. 

*' Haying thus laid before you the procesdicgs of our Superiors 
in case exactly similar to that now before us, I may venture to ap- 
peal to yourselves whether, after so explicit a Declaration from His 
Majesty and His P?ivy CoaneiL,. it ean be reasonably expected of 
Kie to act in direst contradiction to their Judgment, and give my 
Assent to a Measure which, after the most mature Delrb&ration, 
they have pronounced to be wrong & unjust ? Not to mention the 
Tery great ineoaveniences that might result to the Province, should 
I presame, in Contempt of His iate Majesty's Decree, to pass this 
Bill into a Law, since it can scarcely be doubted but th-;it applica- 
tion would iniHicdiately be made for its repeal, in the same manner 
as was done before, and with the greater Prospect of sueeesa for its 
having been passed in direct opposition to the declared Sei3tiBQents 
of His Majesty and His Ministers; And I leave it toyoa to judge of 
the Confu&iou that would easue upon the Repeal of asny of our 
Money Laws while the Klls are eirevilating in the baads of the 
People. 

''■I observe slsOy that, by the Bill new under Consideratioa, al- 
though the IndiaD Trade Commissioners are directed to dispose of 
the Goods and Effects in their possession, and to pay into the hands- 
of the Provincial Treasurer the amount thereof in BiHs of Credit,. 
to the end they may be sunk and destroyed, yet, by a subsequent 
Clause, it is provided that the Money arisi&g from that Fand is not 
to be actually sunk, but still to be kept on I^oot, if the excise, to- 
gether ■with the said Fuod, does not produce, in Seven Years, suffi- 
cient to sink the twenty-five thousand Pounds to be emitted by the 
Bill, and pay all JD-cidectal Charges. You will please to remember. 
Gentlemen, that the sum of Fourteen thousand Pounds, was-, by a 
Jate Law, taken out of the Money granted by Parliament, for the 
purpose of easing the People of the heavy tases imposed wpon them, 
aad lent to the Indian Trade Commissioners, to enable theai to carry 
on that Trade, hoping by that means to caUivaite the Friendship of 
the Indians ; Bat, as, by ihe unhappy War we are now engaged m 
with the Indiaiis, all trade with them is at an end, aad you y oar- 
selves are of Opinion tliere i<^ no farther Occsisioa for- that Fund, I 
cannot see how you can, consistent with the end for whieh the Par- 
liamentary Grant was made, or indeed wish Justice to the People, 
BOW aToid the siakiag that Money, in cas«; of their Tases. The 



PROVINCIAL COUNCIL. 55 

Excise, itself, is sufficient to* sink the Twenty-five thousand Pounds 
to be emitted by the present Bill, or, if it was not, you have made 
Provision for its continuing after the Term of Seven Years, until 
the said Sum shall be sunk. 

" I must, therefore, entreat you, Gentlemen, to reconsider your 
Bill, and amend it in these particulars, so that I may, consistent 
■with my Duty, be able to give my assent to it, and thereby do my 
Part for establishing a Fund so absolutely necessary at this Time, 
to enable us to protect our Frontiers, and to put a stop to the cruel 
and barbarous Depredations now carrying on by the Savages, against 
the Persons & Effects of our Inhabitants. 

"JAMES HAMILTON. 

" September 29th, 1763." 

The Governor also laid before the Board a Bill sent up by the 
House, for his Concurrence, entituled "An Act to continue An Act 
eutituled ' An Act for regulating and continuing the Nightly Watch, 
and enlightening the Streets, Lanes, and Alleys of the City of 
Philadelphia, & for raising Money to defray the necessary expence 
thereof," Which, being read and approved, was returned to the 
House, with a Verbal Message that the Governor agreed to it. 



Eodem Die, A. M. 

The House again sent up the Supply Bill to the Governor by 
two Members, with a Verbal Message, that the House did not in- 
cline to make any Alterations in it, and requested that His Honour 
•would pass it as it now stands. 



4 o'clock, P. M. 

The Governor again returned by the Secretary, the Supply Bill, 
Tvith the following Message to the House, viz'' : 

A Message from, the Governor to the Assemhly. 

^' Gentlemen : 

" I am extremely eoneerned to find, by your verbal Message of 
this day, that you decline amending your Bill for granting Money 
to the King, in the particulars by me pointed out to you. 

" I beg leave before you separate, once more to recommend to 
your unprejudiced Consideration, the great Mischiefs which may 
€nsue to the Province from your so tenaciously adhering to a mea- 
sure that has been solemnly adjudged against you by His Majesty 
in Council. 



56 MINUTES OF THE 

"There has not been wanting, on my part, the most sincere dis- 
position to perfect this Bill, by enacting it into a Law. But as 
you have not thought fit to accept of it, on such Terms as my Duty 
would allow me to pass it, I must endeavour, in case any misfor- 
tune should follow, to satisfy myself with the reflection, that noth- 
ing hath been proposed by me, but what hath appeared to me to be 
founded in Justice and Equity, and hath been so adjudged by the 
most explicit Declaration of the King and Council, on a Similar 
Clause in a former Bill of our Legislature. 

"JAMES HAMILTON. 
"September 29th, 1763." 



Friday the 30th September^ 1763, A. M. 

The Governor having considered the two following Bills, sent up 
by the House for his Concurrence, returned them to the House by 
the Secretary with a verbal Message, that he gave his assent ta 
them, viz'- : 

" An Act for the erecting a Light House at the Mouth of the Bay 
of Delaware, at or near Gape Henlopen, for placing and fixing 
Buoys in the said Bay and River Delaware, and for appointing 
Commissioners to receive, collect & recover certain sums of Money 
heretofore raised by way of Lottery, and to appropriate the same 
to the purposes aforesaid ;" and 

" An Act to enable the Commissioners for paving the Streets of 
the City of Philadelphia, to settle the accounts for the Managers, 
and to sue for and recover from several Persons such Sums of 
Money as are now due and unpaid, on Account of the Several Lot- 
teries set up drawn for paving the Streets of the said City." 



Eodem Die, 5 o'Clock, P. M. 

The Governor having again received the Supply Bill by two 
Members, this forenoon with a verbal Message from the Assembly 
that they had reconsidered the Bill, but declined making the 
Amendments proposed by the Governor, and desired he would 
give his assent to it as it stood ; His Honour not thinking it con- 
sistent with his duty to pass it without the proposed Alterations, 
Ordered the Secretary to return the Bill and acquaint the House 
that he could not recede from the proposals he had made with 
respect to their amending it ; And at the same time to inform them 
that he was waiting in the Council Chamber to receive the whole 
House in order to pass the Bills which had received his assent. 
The Speaker and the House accordingly attending in the Council 
Chamber, The Governor enacted the following Bills into Laws, 
and signed a Warrant for affixing the Great Seal thereto, viz'- : 



PROVINCIAL COUNCIL. 57 

1. "An Act to continue an Act entituled 'An Act for regulating 
and continuing the Nightly Watch, and enlightening the Streets, 
Lanes, and Alleys of the City of Philadelphia, &ca.'^' 

2. "An Act for the erecting a Light House at the Mouth of the 
Bay of Delaware, at or near Cape llenlopen, for placing & fixing 
Buoys, &ca." 

3. "An Act to enable the Commissioners for paving the Streets of 
the City of Philadelphia, to settle the accounts of the Managers, 
and to sue for and recover from certain Persons, such Sums of 
Money as are now due and unpaid on account of the several Lot- 
teries, &ca." 



At a Council held at Philadelphia, on Tuesday, the 4th October, 
1763. 

PRESENT : 

The Honourable JAMES HAMILTON, Escf- Lieutenant Gov- 
ernor, &ca. 

Benjamin Shoemaker, Benjamin Chew, ? -n n. 

Ly 11 ford Lardner, 5 

The Grovernor laid before the Board the Returns of Sheriffs and 
Coroners for the several Counties, which, being read and Considered, 
the following persons were appointed, & Commissions were filled up 
accordingly, viz"- : 

T)t.-i 1 1 u- rt X C Joseph Redman, Sheriff. 
Philadelphia County, J ^^^^^ ^_^^^^ ^.^;^^^^^^ 

John Fairlamb, Sheriff. 
Davis Bevan, Coroner. 
John Gregg, Sheriff. 
William Buckman, Coroner. 
Thomas Duff, Sheriff. 
William Stewart, Coroner. 
■ Daniel Nunez, Jun"'' Sheriff. 
John Wattom, Coroner. 

N.i „ . Jo C John Jennings, Sheriff. 

OKhampton d"- -< . .i t ..• n 

^ I Arthur Lattimore, Coroner. 

r Daniel Roberson, Sheriff. 

I John Gray, Coroner. 

( John Hay, Sheriff. 

( Mathias Slough, Coroner. 

5 Jacob Weaver, Sheriff. 

I Samuel Weiser, Coroner. 

( Rubert M'Pherson, Sheriff. 

\ -John Adlum, Coroner. . 

5 Ezekiel Dunning, Sheriff, 

( Joseph Hunter, Coroner. 



Chester 




D° 


Bucks 




d- 


New Cas 


itle 


d»- 


Sussex 




d°- 



Kent 


d°- 


Lancaster 


d"- 


Berks 


d"- 


York 


d°- 


Cumberland 


d"- 



58 MINUTES OF THE 



At a Council held at Philad*- in the Council Chamber, the 15th 
October, 1763. 

PRESENT : 

The Honourable JAMES HAMILTON, Esq'- Lieutenant Gov- 
ernor, &ca. 

William Logan, Benjamin Chew, > tji 

Lynford Lardner, 5 

Eight Members of the House waited on the Governor last night, 
•with a verbal Message that the representatives were met pursuant 
to Charter, & had chosen their Speaker, and desired to know when 
and where they might present him, and the Governor having ap- 
pointed this day at li o'clock, in the Council Chamber, for that 
purpose, sent the Secretary to acquaint the House that he was 
ready to receive them with their Speaker. They attended in the 
Council Chamber accordingly, and presented Isaac Norris, Esq''* as 
their Speaker, who, being approved, claimed the usual privileges, 
which His Honour was pleased to say were essential in all the pub- 
lick Debates, and the House might Depend on his protection there- 
in J and then the House withdrew. 

The Governor having prepared the following Message, laid the 
same before the Board, and after being read and approved, the Sec- 
retary was ordered to carry it to the House as soon as the members 
were qualified : 

A Message from the Governor to the Assembly. 

*' Gentlemen : 

*' Observing, by the returns which have been made to me, that 
your House consists, for the most part, of the same Members that 
have served in Assembly for several Years past, I cannot but ex- 
press my Satisfaction, that in the present critical Situation of Af- 
fairs, the Business to be transacted by me, is with Gentlemen whose 
long Experience in publick Concerns has rendered them so equal to 
the Task they have undertaken. 

" I am sensible it is very unusual to enter upon Business of 
weight at your first meeting, that being set apart for, and employed 
in preparing the House for the better Reception & dispatch of it at 
some future time ; yet, I flatter myself you will readily dispense 
with a Custom, by no means essential, in favour of the measure I 
have to recommend to you, which is of as great importance as can 
come under your Consideration, no less indeed, than the Safety and 
preservation of the Country. 

" You will be pleased, then, to know that within a few days past, 
I have received well attested Accounts of many barbarous and shock- 
ing Murders, and other Depredations, havirag been committed by In- 
dians on the Inhabitants of Northampton County, in Consequence 



PROVINCIAL COUNCIL. 59 

whereof, great numbers of those who escaped the rage of the Enemy, 
have already deserted, and are daily deserting their Habitations ; 
so, that unless some effectual aid can be speedily granted them, to 
induce them to stand their Ground, it is difficult to say where these 
desertions will stop, or to how small a distance from the Capitol our 
Frontier may be reduced. 

•' The Provincial Commissioners and I, have, in consequence of 
the Resolve of the Assembly of the 6th of July last, done every 
thing in our Power for the protection of the Province, pursuant to 
the Trust reposed in Us ; But as our funds are entirely exhausted, 
and even a considerable Arrear become due to the Soldiers and 
others employed by the Government for their pay, which we have 
it not in our power to discharge, it seems impossible that the Forces 
now on Foot can be no longer kept together, without a Supply be 
speedily granted for that purpose. 

'*! do, therefore, Gentlemen, in the most earnest manner, recommend 
to your immediate Consideration the distressed State of our unfor- 
tunate Inhabitants on the Frontiers, who are continually exposed 
to the Savage cruelty of a merciless Enemy ; and request that you 
will in your present Session, grant such a Supply as, with God's 
assistance, may enable us, not only to protect our People, but to 
take a severe Revenge on our perfidious Foes, by pursuing them 
into their own Countries, for 'vf hich purpose there prevails at present 
a noble ardour among our Frontier people, which in my opinion, 
ought by all means to be cherished and improved. 

" I have. Gentlemen, only one thing more to recommend and re- 
quest of you, which is that, in contriving the ways and means for 
raising the Supply to be granted, you will carefully avoid whatever 
may occasion a Disagreement in Opinion between you and me, by 
means whereof your good Intentions may be frustrated and defeated, 
as has unfortunately happened on more than one Occasion before, 
and particularly in the last session of the late Assembly. 

"JAMES HAMILTOxX. 

" October 15th, 1763." 



20th October, 1763. 
MEMORANDUM. 

The Governor, pursuant to His Majesty's Instruction under his 
sign Manual, dated the 15th of June last, did this day issue a Com- 
mission appointing Colonel James Burd Commissioner on the part 
of this Province, to act jointly with a Commissioner to be appoint- 
ed by the Governor of Connecticut, in communicating His Majesty's 
Strict Commands to the People from that Colony, who are making 
a Settlement at Wyoming, that they immediately desist from their 
undertaking and remove from thence within a reasonable limited 



60 MINUTES OF THE 

time. The said Instructions and Commission follow in these words, 
viz'':'" 

" George R : 

*'[ L. S.'] Instructions to Our Trusty and Well beloved JAMES 
HAMILTON, Esquire, Deputy Governor of our Province of 
Pennsylvania, in America, or to the Commander-in-Chief of 
Our said Province for the time being. Given at our Court at 
JSt. James's, the 15th day of June, 1763, in the third Year 
of our Reign. 

" Whereas, it hath been represented to Us that a number of 
Persons, Inhabitants of our Colony of Connecticut, have presumed, 
without Licence from us or any acting under our Authority, to be- 
gin a Settlement on certain Lauds at Wyoming, on the River Sus- 
quehanna, belonging to our good Subjects, the Six Nations of In- 
dians and their Allies, the Delawares, whereby the said Indians are 
greatly disquieted and aggrieved ; And, Whereas, We have thought 
it necessary, as well for the support of our Royal Authority, as in 
Justice to the said Indian Nations, whom we are determined at all 
times to protect in the peaceable Enjoyment of all their just Rights 
and Possessions, that an elFectual Stop should be put to the Settle- 
ment which the said People of Corftiecticut have thus unwarrantably 
attempted to make ; Our Will and Pleasure therefore is, that you 
do forthwith, by Commission under the Seal of the Province of 
Pennsylvania under your Government, constitute and appoint a 
proper Person to be Commissioner on the part of the Province of 
Pennsylvania, with full power to act in Concert with a Commis- 
sioner in like manner to be appointed by the Governor and Com- 
pany of Connecticut, in the due and faithful fJxecution of our Royal 
Pleasure concerning the Inhabitants of the said Settleujent. And 
you are hereby further required to instruct the said Coraiuissioner 
with all convenient Speed to proceed with the (Commissioner to be 
appointed on the part of the Colony of Connecticut, to the said 
Settlement at Wyoming, and there cause his Commission to be read 
and published with all due Solemnity, and immediately after Pub- 
lication thereof, to require and command the Inhabitants in our 
Name, forthwith to desist from their said Undertaking, & to depart 
& remove from thence within such limited time as you in your dis- 
cretion shall think necessary and reasonable. 

"G. R." 



PROVINCIAL COUNCIL. ^ 61 

*^ By the Honourable JAMES HAMILTON, Esquire, Lieuft. Gov- 
ernor, and Commander-in-Chief of the Province of Pennsyl- 
vania, and Counties of New Castle, Kent, and Sussex on Dela- 
ware. 

" To Colonel James Burd, of the County of Lancaster, Esq'r., 

GreeVg. 

" Whereas, I have lately received an Instruction from His Ma- 
jesty, dated at S'' James's, the 15 day of June last, setting forth 
that it had been represented to His Majesty that a number of Per- 
sons, Inhabitants of His Colony of Connecticut, had presumed, 
without Licence from Him, or any acting under His Authority, to 
begin a Settlement on certain Lands at Wyoming, on the River 
Susquehanna, belonging to His good Subjects, the Six Nations of 
Indians, and their Allies the Delawares, whereby the said Indians 
were greatly disquieted and aggrieved. And that His Majesty had 
thought it necessary, as well for the Support of Hi-s Royal Authority, 
as in Justice to the said Indian Nations, whom he is determined at all 
times to protect in the peaceable Enjoyment of all their just rights 
& possessions, that an effectual stop should be put the Settlement 
which the said People of Connecticut had so unwarrantably at- 
tempted to make. And His Maj'esty, therefore, in and by His said 
Instruction, signified to be his Royal Will and Pleasure, that I 
should forthwith, by Commission, under the Seal of the said Pro- 
vince of Pennsylvania, constitute and appoint a proper Person, to 
be Commissioner on the part of this Province, with full power to 
act in Concert with a Commissioner in like manner to be appointed 
by the Governor & Company of Connecticut, in the due and faith- 
ful Execution of His Royal Pleasure concerning the Inhabitants 
of the said Settlement. And am thereby further required to in- 
struct the said Commissioner, with all convenient Speed to proceed 
with the said Connecticut Commissioner, to the said Settlement at 
Wyoming, & there to cause his Commission to be read and pub- 
lished with all due Solemnity, and then, immediately to require 
and command the Inhabitants in His Majesty's Name, forth- 
with to desist from their said Undertaking, and to depart and remove 
from thence within such limited time as I in my discretion should 
think necessary and reasonable. As in and by the said Instruc- 
tion, whereof a true Copy is hereto annexed, appears. Now Know 
You, that, in obedience to the said Royal Instruction, and for 
carrying the same into immediate Execution, and judging you 
fitly and duely qualified for the same, and reposing special 
Trust and confidence in your Loyalty, Fidelity, Resolution and 
Ability, I have, by and with the advice of the Council, nominated, 
constituted & appointed, and by these presents do constitute and 
appoint you, the said Colonel James Burd, to be Commissioner on 
the part of this Province of Pennsylvania, with full power to act in 



62 MINUTES OF THE 

Concert with a Commissioner to be appointed by the Governor and 
Company of Connecticut, in the due and faithful Execution of His 
Majesty's Royal pleasure concerning the Inhabitants of the said 
Settlement, hereby requiring you with all convenient Speed to 
proceed with the Commissioner on the part of the Colony of Con- 
necticut to the said Settlement, and there to cause this your Com- 
mission to be read and published with all due Solemnity, and 
immediately after Publication thereof, to require and command the 
Inhabitants, in His Majesty's Name, forthwith to desist from their 
said undertaking, and to depart and remove from thence as soon as 
may be before the Expiration of Weeks at the furthest 

after your arrival and publication of this your Commission amongst 
them; As they will answer their contempt herein to His Majesty, at 
their peril. 

" And what you shall do in the Premises you are faithfully to 
report to me at your return. ^ 

^' Given under my hand and the Great Seal of the said Province of 
Pennsylvania at Philadelphia, the twentieth day of October, in 
the third year of His Majesty's Reign, & in the Year of our Lord 
one thousand seven hundred & sixty-three. 

"JAMES HAMILTON." 



The Governor by the Secretary laid before the House a Letter 
from His Excellency, Sir Jeffery Amherst, inclosing an Extract of 
a Letter from Sir William Johnson, containing Indian Intelligence, 
both which are respectively as follow, viz'- : 

A Letter from General Amherst to the Governor. 

"New York, October 16, 1763. 
" Sir : 

" I herewith inclose you a Paragraph of a Letter which I received 
last Night from Sir William Johnson, containing some intelligence 
of the bad intentions of the Savages on the Frontiers of Pennsylva- 
nia, &ca., and I acquaint Colonel Boquet thereof, that he may be 
on his Guard ; but I cannot help repeating my Surprize at the in- 
fatuation of the People in your Province, who tamely look on while 
their Brethren are butchered by the Savages, when, without doubt, 
it is in their Power by exerting a proper Spirit, not only to protect 
the Settlements, but to punish any Indians that are hardy enough 
to disturb them. I am, with great Regard, Sir, 

" Your most Obedient humble Servant, 
"JEFF. AMHERST,' 



PROVINCIAL COUNCIL. 6S 

Extract of a Letter from Sir Wm. Johnson to His Excellcy. Sir 
Jeffery Amherst, dated at Johnson Hall the Qth of October, 1763 ; 

" This morning a Seneca Chief, of Canudasegey, the first Castle 
of that Nation, and which has not been concerned in any of the 
Hostilities, arrived here, and gives me the following Information, 
which he had from a party of Warriors, just returned with some 
Scalps & Prisoners from the Cherokee Country, viz'-: 'That on their 
way home they met a large Body of several Nations assembled at a 
Village of Delawares, on the River Adjuketa, which empties into 
Muskingham, or Elk River, where they saw the Ottawawa Confe- 
deracy deliver the War Hatchet, Bow and Arrows, to the Delawares^ 
and desired they would use the same with Vigour against the Eng- 
lish, who were about taking away their Country; That they thea 
pointed out the Forts Pitt & Augusta as the greatest Eyesores to 
the Indians in those parts; therefore, desired they would lose no 
time in distressing and attacking them, on which they would all 
join in a body and proceed towards Philadelphia; That while the 
Delawares were engaged in that aifair, they, the Ottawas, Twight- 
wees, Hurons, &ca., would demolish Detroit and Niagara. The 
Delawares thanked them for looking upon them now as Men, and 
told them that they would, by their actions, shew them they were 
worthy of the Confidence reposed in them; After which the Huron 
Speaker addressed the Shawanese, and warmly reprimanded them 
for their Backwardness in spending their time hitherto so idly in 
Treaties and Conferences with the English, to prevent which they, 
the Ottawawa Confederacy, plucked the Horns from their Heads (i. 
e. remove every thing but War from the Thoughts of their Sachems), 
and made them become Warriors, desiring they would exert them- 
selves in Conjunction with the Delawares, to which they agreed."' 



At a Council held at Philad'- on Saturday, the 22nd of October, 
1763. 

present: 

The Honourable JAMES HAMILTON, Esquire, Lieutenant 
Governor, &ca. 

Benjamin Shoemaker, William Logan, Esq"- 

The Governor laid before the Board the three following Bills sent 
up by the House for his Honour's concurrence, which were read 
and approved, and the Secretary directed to return them to the 
House, with a verbal Message that the Governor agreed to them, 
viz'-: 

"An Act to prohibit the selling of Guns, Powder, or other War- 
like Stores to the Indians." 

"An Act for granting to His Majesty the sum of £24,000 for 
the defence and protection of this Province ;" And 



64 MINUTES OF THE 

"An Act for regulating the Officers and Soldiers in the pay of 
this Province." 

At the same time the House desired the Secretary to give notice 
to the Governor that they will attend His Honour, if it suits him, 
at half after 12 o' Clock this day, to pass the said Bills into Laws. 



Eodem die, 1 o'Clocki 

The Governor acquainted the House by the Secretary that he was 
waiting in the Council Chamber, where he required the attendance 
of the Speaker & Members of Assembly, in order to pass the Bills 
which had received his assent. The House attending accordingly, 
the Speaker presented the following Bills, which His Honour im- 
mediately passed, and signed a Warrant for affixing the Great Seal 
thereto, and ordered them to be deposited in the Rolls Office, 
viz'': 

"An Act to prohibit the selling of Guns, Gun Powder, or other 
Warlike Stores to the Indians." 

"An Act for granting to His Majesty the sum of £24,000 for the 
defence and Protection of this Province, & for other purposes there- 
in mentioned;" and 

"An Act for regulating the Officers and Soldiers in the pay of this 
Province." 

The Speaker then acquainted the Governor that the House pro- 
posed to adjourn to Monday, the 16th of January next, to which 
His Honour made no Objections. 

Two Members of Assembly waited on the Governor & delivered 
him a written Message from the House in the words following, 
viz'-: 

A Message to the Governor from the Assembly. 

" May it please your Honour : 

" We return you our thanks for laying before us the Letter you 
have received from Sir Jeffery Amherst, of the Sixteenth of this 
Inst'-' with the Intelligence inclosed therein, from S'' William 
Johnson, respecting the bad intentions of the Savages against our 
Frontiers. For this Intelligence We are likewise obliged to His 
Excellency, but at the same time we are greatly at a loss how to 
understand the meaning or design of that part of his Letter wherein 
he expresses his * Surprize at the Infatuation of the People of this 
Provmce, who (he alledges) tamely look on while their Brethren 
are butchered by the Savages, when, without doubt, it is in their 
power, by exerting a proper spirit, not only to protect the Settle- 
ments, but to punish any Indians that are hardy enough to disturb 



PROVINCIAL COUNCIL. 65 

them.' Can it be possible that the General is, at this day, unac- 
<iuainted with the vigorous Measures whii^h this Government has 
pursued, much beyond any of the rest of the Colonies, for the Pro- 
tection and Defence of their long extended Frontier ? 

'< Your Honour well knows, that on the Eleventh of June last, 
you convened the Provincial Commissioners, who chearfully agreed 
to raise an hundred Men for the Reiuforcement of Fort Augusta, 
a Garrison on Susquehanna, then but v/cakly manned, and a Post 
of great importance to the Provincial Defence. 

" On the fourth of July the Assembly met, in pursuance of your 
Summons, when you laid before them the necessity of an Additional 
number of Men, to repel the savage attempts of those Barbarians; 
& that, in pursuance of a Letter from the General, which you also 
communicated to them, with equal Chearfulness and P]xpedition, 
they granted the additional number of Seven hundred M':'n, and 
passed a Law for furnishing Carriages for the Transporiation of 
Provisions for the use of the Troops destined for the Western Com- 
munication. 

" These Troops, so granted, were accordingly raised with the ut- 
most Expedition, & they have been, as we are informed, placed at 
proper Stations on the Frontiers, under your Command, and been 
active since in the protection thereof, and that with more vigour 
and Spirit than has been known or experienced the whole late War. 
Several Parties of Indians have been intercepted and repulsed, and 
the Inhabitants in a great measure presei'ved from the intended 
Massacres, :ind a large Body of them now engaged in an Expedition 
against the Great Island, which has heretofore served as a Station 
from whence the Savages usually issue, for the Annoyance of our 
Settlements. 

"As these things are Facts, we cannot help, in our Turn, being 
much surprized at the Censure contained in His Excellency's Letter, 
by which it is evidently intimated that the good People of this 
Province are utterly regardless of the Distresses of their Fellow 
Subjects, and ' tamely look on while they are butchered by the Sav- 
ages ' 

" A hard Censure this ! but for what part of the Government it 
was intended is not clear from the Letter. If intended for your 
Honour, we have reason to believe you have done everything, as 
Commander-in-Chief of the Forces, that could be expected. If for 
this Part of the Legislature, the large number of Men in the pay 
of this Government, at a time when the Province is loaded with a 
debt extremely burthensome, occasioned by their late generous and 
large Aids to the Crown for the protection of the Colonics during 
the late War, will evidently shew it is without foundation ; And if 
the poor People on our Frontiers, their present distressed Situation, 
and the uncommon Military Spirit & Resolution, so manifest among 
them ever since the late Indian Incursions, ought at least to have 
excused them from it. 
VOL. IX. — 5. 



66 MINUTES OF THE 

" But the Gen'- is of Opinion, that it is in our power, by exert- 
ing a proper Spirit, not only to protect the Settlements, but to 
punish any Indians that are hardy enough to disturb them. Would 
be give himself the Liberty of one Moment's Reflection on our Cir- 
cumstances, must he not see the Injustice as well as Impracticability 
of our defending a Frontier near three hundred Miles in length, 
which covers and protects, in a great measure, those of Maryland 
and New Jersey, without the least Contribution or aid from either 
of those Colonies. Is it reasonable that this Province, already 
heavily loaded with debt, should be at the Sole Expence of defend- 
ing not only her own Frontiers but so great a part of those of her 
neighbouring Colonies ? And is it not evidently impossible that 
this Young Colony, against whom the Indian Force has been prin- 
cipally aimed, should alone, without any assistance from the rest of 
the Provinces, defend a Frontier so extensive, against all the lurk- 
ing and perfidious Parties of so powerful a Confederacy as is men- 
tioned in the General's Intelligence. 

" You, Sir, are well acquainted with the Circumstances of the 
Province, & its present Distress, and therefore we presume you 
readily see how vain the Expectation must prove, that any one par- 
ticular Colony can defend itself against the united Power of so 
many Confederated Nations. 

" Signed by order of the House, 

'• ISAAC NORRIS, Speaker. 
■" October 22nd, 1763." 



At a Council held at the State House on Saturday the 22nd 
Oct'- 1763. 

PRESENT : 

The Honourable JAMES HAMILTON. Esquire, Lieuten'- Gov- 
ernor, &ca. 

Iknjamin Shoemaker & William Logan, Esquires. 

John Curtis, Samuel Curtis, Jemmy Nappier, Robin Nanticokes, 
And Conoy Sam. 

The Governor's answer to Papounan, and the Indians at Wigha- 
lousin. 

Speaking to John Curtis, says : 
■''Brother: 

'' We think we have understood what you have said to us with- 
out an Interpreter, and think you have sufficient knowledge of the 
English Language to understand us. Listen therefore to what I 
am going to say in answer to what you said to me when you first 
came here ; Brother, as you have brought us a Message from Pa- 
pounan and the Wighalousin Indians, I desire you to carry this 
iny Message to them in answer." 

A String. 



PROVINCIAL COUNCIL. 67 

t 

" Brother Papounan and the Wighalousin Indians : 

" You say you do not understand why there should be any Differ- 
ence between us and the Indians, and that after considering the 
matter well, it is surprizing to you that there should have been any 
Disturbances made by Indians, since you cannot find the least Cause 
given by us for such a Behaviour; And that as to you, the Indians 
at Wighalousin, you concern yourselves with nothing but the Wor- 
ship of God. 

" Brother : 

" We do not look on you and your Indians to be our Enemiea, 
but rather our Friends, and we can sincerely say that you form a 
true Judgment on this behaviour of the Indians, for We do assure 
you we have not given the least Cause of Offence since we so firmly 
concluded a peace with the Indians. As therefore, this renewal of 
Hostilities is without the least Provocation on our side, and has 
been carried on in so cruel a manner, you cannot but think that it must 
raise great resentment in the minds of the Inhabitants against those 
who have committed them. 

" As to you who have been no ways in These Disturbances, but 
give yourselves up to the religious Worship of God, we shall still 
be your Friends, and endeavour to preserve you in that safety which 
your Conduct deserves, and pray God to bless your Religious de- 
signs." 

A String. 

" Brother : 

" You remind us of the Services you did for us in the affair of 
the Prisoners and of the Horses which were stolen from our Inhabit- 
ants. We remember it well, &; as we did then thank you for it, so 
we do now again thank you for it. 
" Brother : 

" You likewise remind us of the great Service you did in pre- 
venting the Relations of an Indian who was killed soon after the 
last Treaty that was held at Easton, coming down to take revenge 
on our Inhabitants. This we also remember well, and now repeat 
our thanks for your kindness therein. Such acts of Friendship may 
always be expected from Men who act with Sincerity on religious 
Principles, and as we hope we are under the Influence of the same 
good Principles towards God and Man, We shall always behave to- 
wards you in the same just and kind manner. 
" Brother : 

" You further tell us that the assurances we then gave you of ac- 
quainting you of any Mischief designed against you, had made you 
perfectly easy and satisfied, &that you do entirely depend upon us 
Agreeable, therefore, to our Engagements, we now inform you 
what lies very heavy on our minds, and our apprehensions of your 
danger. 



68 MINUTES OF THE 

"Brother: 

" Since we so firmly concluded and made a Peace with the In- 
dians, Our Innocent Inhabitants, thinking no danger, and depend- 
ing on your good Faith, so solemnly pledged to us, have been 
seized in their Houses, barbarously murdered, & their little innocent 
Children's Brains dashed out before them. This has been frequently 
perpetrated, and our Brother, John Curtis, can tell you, that within 
these ten days, some of these Barbarous Indiana have been down & 
killed upwards of twenty of our People near Bethlehem. These 
actions have enraged & provoked my People greatly ; and in re- 
venge, some of them have gone into the Indian Country to take 
their Satisfaction, and as I do not know where they are gone, lean- 
not but be under Apprehensions, lest, in their great anger, they 
will not be able to distinguish between those who are our Friends 
& Those who are our Enemies. And if any such thing should hap- 
pen, you must blame those Indians who have so unjustly struck us, 
as People who have been so much hurt, cannot be restrained from 
taking Bevenge. 
" Brother : 

" As we cannot answer for those enraged, ungovernable people, 
in their attempts to revenge the blood of their Fathers, Brothers, 
and Children, we are not without apprehensions of danger to you, 
tho' we should do all in our power to prevent it, and would, there- 
fore, now be glad to hear from yourselves in what manner you think 
that can be best done, and for that purpose now send a White Man, 
James Irvine, with our Brother, John Curtis, as far as Fort Allen, 
at which place he shall remain 15 days, in expectation of receiving 
your Answer to that point, and also, receive any other Message 
you may have to send to us." 

A String. 

'* Brother :' 

" We thank you for acquainting us that there has been a Great 
Council held with the Indian Nations living at Oi)olioquaga, Che- 
nango, Chokenote, and Awaigah, consisting of Oncidas, Tusca- 
roras, Delawares, Munseys, Nanticokes, Conoys, Onoudngoes, Mo- 
hickons, Cayugas, & Shawanese, & that they desire you, by a Mes- 
sage, to inform me that the occasion of that Council was from S'' 
William Johnson sending Belts to you, to desire a Confe- 
rence with you, and that they would, in the mean time, remain, as 
they had done before, our steady and hearty Friends. That they 
had determined to do so, and had sent Deputies to S'- William John- 
son, to tell him so, and that they further desired we might be ac- 
quainted with'this, their Resolution, & that they would, likewise, on 
their Return from Sir William Johnson, acquaint us what had passed 
between them and him. 

" Brother : 

" We desire you by this Belt, to return them our hearty thanks 
for what they have done, which we very much approve of & take it 



PROVINCIAL COUNCIL. 69 

as a real mark of their Friendship for us; We shall impatiently 
wait to know the result of this Conference, and desire they would 
let us know as soon as they can, by some safe hand, on whom they 
can depend to deliver it. 
" Brother : 

" Assure these Indians that wo are their hearty Friends, and 
consult with them on what methods may be best taken to secure all 
our Friendly Indians, and you and them in particular, so that nei^ 
ther you nor they may be hurt by any of our People. '^ 

A Belt. 

*' Brother : 

"As soon as I heard of the Mischief the Indians were doing on 
our Frontiers, I immediately sent a Message to the Commander at 
Fort Augusta, with my Orders to forward to the Indians who lived 
on the Waters of Susquehanna, The substance whereof was to this 
Effect : 

'* 1st. That after the Peace so lately reestablished between all 
the Indian Nations and the Subjects of our Great King, I waa 
much concerned to see the Sky again begin look dark and Cloudy, 
as if it threatened new Troubles and mischiefs both to You and 
Us. 

" 2d. That I had heard with grief that some Indiaiis, to the 
Westward, but of what Nation I knew not, had lately killed some 
of our White People at Yahisgarie, and about Fort Pitt, without 
any provocation from us, and without letting them know the cause* 
of this Resentment. 

" 3dly. That by the Treaties between us & them, it was agreed 
that whenever they thought themselves agrieved by the White peo- 
ple, they were first to represent the same, in a friendly iiumner, to 
me, without having recourse to Arms, or offering to strike us; That 
I should always observe that conduct towards them, and that while 
we both continued to act in that manner, any differences that might 
happen might be settled to our mutual Satisfaction, without break- 
ing the antient Chain of Friendship, which we were as desirous as 
ever to preserve whole and entire ; And 

" Lastly. That I had requested that Conference with them, & 
desired they would freely open their hearts to me, and acquaint by 
what Nations of Indians these murders had been committed, and 
for what reason, and whether they, or any other Nations of Indiana 
to their Knowledge, had any just Cause of complaint against us, 
and what that Cause was; and promised that as far as lay in my 
power, I would give them immediate Satisfaction, and as a token of 
iny Sincerity I gave them a Belt." 
" Brother John Curtis : 

" I have now finished what I had to say to Papounan, k the In- 
dians living at Wighalousin, in answer to their kind Message; I 
now desire you to inform the Indians how kindly you have beea 



70 MINUTES OF THE 

treated since you have been here. I now wish you a good Journey, 
and shall take care that you be escorted safe out of the Inhabi- 
tants." 

The Governor having received Information that severall Robbe- 
ries had lately been committed on the Public Roads and Highways 
near the City, and being acquainted by two Members of Assembly 
that the House had voted the sum of Fifty Pounds as a Reward for 
apprehending any of the Persons concerned therein, thought pro- 
per this day to issue a Proclamation of the said Reward, in order 
the better to discover the Offenders and bring them to Justice. 

The Proclamation follows in these words, viz'-: 

'^By the Honourable J^MES BAMILTON, Esquire, Lieuten- 
ant Governor & Commander -in- Chief of the Province of Penn- 
sylvania^ & Counties of Newcastle, Kent, and Sussex, on Dela- 
ware : 

"A PROCLAMATION. 

" Whereas, information hath been made to me, not only that 
divers attempts have of late been made to rob, but that several Rob- 
beries have been actually committed on his Majesty's Subjects tra- 
velling on the Highways, near the city of Philadelphia, by Persons 
unknown, to the great terror and Annoyance of the said Subjects 
coming to and returning from the said City : ^nd Whereas, it is of 
great Importance that a Stop should as soon as possible be put, in 
this young Colony, to crimes of so evil and pernicious a Nature, 
and the Authors and Perpetrators thereof brought to condign and 
exemplary punishment, I have therefore thouglit fit, with the ad- 
vice of the Council, to issue this Proclamation, hereby offering a 
Reward of Fifty Pounds to any Person or Persons who shall make 
known and cause to be apprehended all or any of the Persons who 
were concerned as Authors, Perpetrators, or Accomplices, in any of 
the aforesaid Robberies or Attempts to rob on the said Highways, 
since the first day of October instant. So that he or they shall be 
convicted thereof, according to due course of Law. And I do hereby 
strictly charge and command all Magistrates, Sheriffs, and other 
Officers whatsoever, within this Government, to use their utmost 
care and diligence in detecting and apprehending the said Offenders, 
that they may be brought to Justice. 

" Given under my hand and the Great Seal of the said Province, 
At Philadelphia, the twenty-second day of October, in the Year 
of our Lord one thousand seven hundred and Sixty-three, and in 
the Third Year of His Majesty's Reign. 

"JAMES HAMILTON. 
" By His Honour's Command. 

" Joseph Shippen, Jun'' Secretary. 

"GOD SAVE THE KING." 



PROVINCIAL COUNCIL. 71 

MEMORANDUM, at New Castle, Monday, the 24th Octo'- 1763. 

Three Members of Assembly waited on the Grovernor with 
a verbal Message, that the House had met on the 20th Instant, 
pursuant to the Charter and Laws of the Government, and had 
chosen their Speaker, & desired to know when and where they 
might present him for his Honour's Approbation. 

The Governor having acquainted them that he was now ready at 
his Lodgings for that purpose, the House accordingly attended, and 
presented Mr. Jacob Kollock as their Speaker, who, being approved, 
claimed the usual Privileges, which were granted ; and then the 
House withdrew. 



MEMORANDUM, at Newcastle, Saturday, the 29th October, 
1763. 

The Assembly sent a Verbal Message to the Governor by three 
Members, that the House, having understood that His Honour in- 
tended to set off To-morrow Morning for Philadelphia, in order to 
meet the Hon'ble John Penn, Esquire, lately appointed his Suc- 
cessor in the Government, and this day arrived in the River from 
England, proposed to adjourn to the 20th day of March next, if 
it was agreeable to His Honour, to which the Governor answered 
that he had no objection. 

Soon after, the Governor received another Message by three 
Members, that the House desired to have an Opportunity of taking 
their leave of His Honour before he sat out for Philadelphia, and 
requested to known when they might wait on him for that purpose, 
to which, the Governor was pleased to say their proposal was very 
agreeable to hira, and that he should be ready to receive the House 
immediately. 



At a Council held at Philadelphia, on Moaday, the 31st day of 
October, 1763. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, Lieutenant 

Governor, &ca. 

The Honourable John Penn, Esquire. 
Benjamin Shoemaker, Richard Peters, ") 

Joseph Turner, Lynford Laidner, I Esquires. 

Benjamin Chew, j 

The Honourable Proprietaries, Thomas Penn and Richard Penn, 
Esq"' having been pleased to appoint John Penn, Esq'' to be Lieu- 
tenant Governor of the Province of Pennsylvania, and Counties ci 



72 MINUTES OF THE < 

New Castle^ Kent, & Sussex, on Delaware, He produced tlieir Com- 
mission, bearing date the 18th day of June last, under the hands 
and Seals of the said Proprietaries, & under the Groat Seal of the 
said Province, as also a Certificate under the Seal of the privy 
Council, dated the 31st August, 17Go, declaring His Majesty's Ap- 
probation of John Penu, Esquire, to be Lieuteoant Goveinor, &c^ 
and his having taken the usual Oaths, both which being /ead, the 
Governor, attended by the Council, Mayor, Recorder, j^dermen, 
Common Council, & preceded by the Sheriff & his Officers^/went to 
the Court House, where hia Commissioa was published with due 
Solemnity in the presence of a very great concourse o^- Beoplc 
Immediately afterwards, the Bfittery Guns fired a Royal S*lutc, and 
the Bells of Christ Church rung in Compliment to him. / ,. 

a' 



November the 1st, 1763. 

Mr. Joseph Shippen, Jun'' being continued Provincial S^crotary 
and Clerk of the Council, & directed Yesterday in Council to' pre- 
pare a Proclamation for the Continuance of Magistrates and other 
Officers, the same was issued this day by the Governor, nnd ordered 
to be Published in the Pennsylvania Gazette & Journal. ^ 

"-By the Bonourahle JOHN PENN, Eftquire, Lieutenant Gov- 
ernor and Commander-in-Chief of the Province of Pennsylvania, 
and Counties of Newcastle, Kent, and Sussex, on Delaware. 

"A PROCLAMATION. 

Whereas, the Honourable Thomas Penn and Richard Penn, 
Esquires, true and absolute Proprietaries and Governors-in-Chief of 
the Province of Pennsylvania and Counties of New Castle, Kent, 
and Sussex, on Delaware, have been pleased by their Commission 
under their Hands and Seals, bearing date the Eighteenth day of 
June last, to constitute and appoint me to be their Lieutenant Gov- 
ernor of the said Province and Counties, with all necessary Powers 
and Authority for the well governing of the same ; which said Ap- 
,pointment the King's Most Excellent Majesty, in a Council held at 
St. James's, the thirty-first day of August last past, w,as graciously 
pleased to allow and approve of : Therefore, in pursuance of the said 
Trust in me reposed, having a special regard to the safety of the 
State and Government of the said Province and Counties, & to pre- 
vent failures in the Administration of Justice therein, I have, by 
and with the advice and consent of the Council of the said Province 
& Counties, thought fit tu ordain, and do hereby ordain and declare, 
that all Orders and Commissions whatsoever, relating to the Gov- 
ernment of the said Province and Counties, heretofore lawfully and 



PROVINCIAL COUNCIL. 73 

rightfully issued, which were in force on the Thirty-first day of Oc- 
tober last, shall be, continue and remain in full force, power and 
virtue, according to their respective Tenors, until my further plea- 
sure shall be known therein ; and that all Persons whatsoever, who 
on the thirty-first day of October last, hold or enjoyed any Office 
of Trust or Profit in this Government, by virtue of any such Com- 
mission as aforesaid, shall continue to hold & enjoy the same until 
they shall be determined by me as aforesaid, or by other suflicient Au- 
thority. And I do hereby further command & require all Magis- 
trates, Officers, and Commissioners whatsoever, in whom any pub- 
lick Trust is reposed in the Government of the said Province and 
Counties, that they diligently proceed in the performance and dis- 
charge of their respective duties therein, for the Safety, Peace, and 
■well being of the same. 

" Given under my hand and the Great Seal of the said Province at 
Philadelphia, the First day of November, in the Fourth Year of 
the Eeignof our Sovereign Lord George, the third King of Great 
Britain, France, and Ireland, Defender of the Faith, &ca.. And 
in the Year of our Lord one thousand seven hundred and sixty- 
three. 

''JOHN PENN. 
"By His Honour's Command, 

"Joseph Shippen, Jun^' Secretary." 



November 4th, 1763. 

This day the Governor, accompanied by the Earl of Stirling, 
Lynford Lardner, and Richard Penn, Esq"' and several other Gen- 
tlemen, went to New Castle, where his Commission & Proclamation 
for the continuance of Magistrates and other Officers of the Govern- 
ment, were published at the Court House, in the presence of a num- 
ber of the Inhabitants. 



At a Council held at Philadelphia, on Thursday the 10 
1763. 



Novem'-' 



PRESENT 



The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

&c" 

James Hamilton, William Logan, > ^ 

Richard Peters, ^ '^Esquires. 

The Governor having Yesterday received Letters from Sir Jeffery 
Amherst, making a Requisition of Troops to be raised by this Pro- 
vince, to be employed, in Conjunction with His Majesty's Regular 



74 MINUTES OF THE 

Forces, in Offensive Operations against the Indians, laid the same 
before the Council, which were read, and are as follows, viz'- : 

A Letter from Gen'l Amherst to the Governor. 

" New York, Novem' 5th, 1763. 
"Sir: 

"Just as I had sealed the inclosed, and delivered it to an Officer 
returning to Philadelphia, I received the favour of your Letter of 
the third Instant, acquainting me of your Arrival at and Appoint- 
ment to the Government of Pennsylvania, on which I beg leave to 
congratulate you. 

*' The contents of the Inclosed will shew you that an exertion of 
the Power with which you are vested, and which you are so obliging 
as to offer for forwarding the King's Service, will be immediately 
wanted, and, I trust, by your Influence, the Province of Pennsyl- 
vania will chearfully and readily lend the Assistance demanded for 
subduing and punishing the Barbarians, who have so unjustly 
attacked our Settlements and Butchered the Inhabitants. 
** I am, with great Regard, Sir, 

" Your most Obedient humble Servant, 
"JEFF. AMHERST. 
" To the Hon. Governor Penn." 



A Letter from General AmJierst to Governor Hamilton. 

" New York, November 5th, 1763. 
" Sir : 

" On a due Consideration of the most probable Measures for 
crushing the present Insurrection of the Indians, and punishing the 
guilty, as they deserve, I find it absolutely necessary to make Ap- 
plication to the Provinces most nearly concerned, that a respectable 
Body of Men may be raised, so as to proceed early in the Spring, 
in conjunction with such regular Troops as can be collected, to put 
in Execution such offensive Operations as may be judged most 
effectual for reducing the Savages, and securing Peace & Quiet to 
the Settlements hereafter. 

"In Consequence of this Plan, I have made Application to the 
Provinces of New York and Jersey for certain Quotas of Men, to be 
raised, so as to be ready to proceed to Albany by the first of March 
next, in order to join with such of the regular Troops as can be 
spared for carrying on offensive Operations by the way of Lake Erie, 
&;c'' and, that the whole race of Indians who have so unjustly com- 
menced, and are still carrying on Hostilities against Us, may be 
effectually reduced, and severely punished, which alone can secure 



PROVINCIAL COUNCIL. 75 

the future Tranquility of the several Colonies, I must apply to the 
Province of Pennsylvania, & Colony of Virginia, for their Assist- 
ance on the Occasion, by raising Men to act against the Delawares, 
Shawanese, and other Tribes on that side, who have committed Hos- 
tilities ; and I trust, the requisition I am now to lay before you, 
will not oniy meet with a proper Reception, but that you will be 
pleased to enforce the same to your Council and Assembly, backed 
with such Arguments (if any Arguments can be necessary on such 
an Occasion), as will at once remove every Obstacle that could be 
started to a Compliance therewith. 

'* The Proportion I must demand from your Province is one thou- 
sand Men, exclusive of Commissioned Officers, to be divided into 
two Corps of ten Companies each, commanded by their proper Field 
Officers, and each Company to consist of a Captain, two Subalterns, 
and fifty Men, including three Serjeants and three Corporals, for 
the Service on which they will be employed, requires that there 
should be a good many Officers ; The Men to be clothed, but in a 
light manner ; a Cloth Jacket, Flannel Waistcoat, Leggings, &c*' 
will be full sufficient ; and it will be necessary that the whole are 
raised, and ready to join the King's Troops, or to be sent on 
such Service as the Commanding Officer in the Southern District 
may direct, by the first of March next. 

" Particular care should be taken that, in recruiting the Men, 
none should be raised but such as are able bodied, neither too Young 
or too old, but fit for the most active and alert Service. 

" Although, by an Order from Home, the regular Troops are sub- 
ject to a Stoppage for the Provisions issued to them, belonging to 
the Crown, yet, upon this Occasion, I will take upon me to order 
Provisions to the Provincial Troops that shall be raised, & take the 
Field ; and they shall, likewise, be provided with Arms, unless any 
of them chuse to bring their own Arms, for which they shall have 
the same Allowance as was made in former Campaigns, should any 
of them be lost or damaged iu actual Service ; Tents will also be 
furnished to them, as formerly. 

, " The Time of Service may be limited to the first of November, 
although it is much to be hoped every thing will be finished long 
before that period, in which case, the men will be sent back to the 
Province. 

"I am, with great Regard, Sir, 

" Your most Obedient humble Servant, 

"JEFF. AMHERST." 

The Board, taking the said Letters into Consideration, were of 
opinion that it would be necessary for the Governor to convene the 
Assembly before the time to which they stood adjourned, in order 
to furnish the Quota of Troops demanded by the General, & that 
there may be sufficient time for raising them before they are ex- 
pected to take the Field. 



76 MINUTES OF THE 

MEMORANDUM, 22d Novem'- 1763. 

Several Robberies on the Highways, & the Murder of Henry 
Hamilton, having been actually committed near this City, since the 
late Governor's Proclamation, of the 22nd October last, The Gov- 
ernor thought proper, by the advice of the Council, this day to is- 
sue a new Proclamation, offering a Reward of £50 for apprehend- 
ing any of the Persons concerned in the late Robberies, and £200 
for the detection of the Person & his Accomplices, who perpetra- 
ted the said Murder. 



"jBy the Honourable JOHN PENN, Enquire, Lieutenant Gover- 
nor^ & Conimander-in-Cltief of the Province of Pennsylvania, 
and Counties of New Castle, Kent, and Sussex on Delaware. 

" A PROCLAMATION. 

" Whereas, Information hath been made to me, not only that 
divers attempts have of late been made to rob, but that several 
Robberies have been actually committed on His Majesty's Subjects 
travelling on the Highways hear the City of Philadelphia, by Per- 
sons unknown, one of which Robberies was committed on Saturday 
last, on the Wissihiccon Road, and was accompanied with the Mur- 
der of Henry Hamilton, the person robbed, to the great terror and 
annoyance of the said Subjects, coming to and returning from the 
said City. Jlnd Whereas, it is of great importance that a stop 
should, as soon as possible, be put, in this young Colony, to Crimes 
of so evil and pernicious a nature, and the authors and perpetrators 
thereof brought to condign and exemplary punishment, I have there- 
fore thought fit, with the advice of the Council, to issue this Pro- 
clamation, hereby offering a Reward of Two Hundred Pounds to 
any Person or Persons who shall make known & cause to be appre- 
hended all, or any of the Persons who were concerned as Perpetra- 
tors or Accomplices in the Robbery and Murder of the said Henry 
Hamilton ; And the sum of fifty Pounds for the making known 
and apprehending all, or any of the Persons concerned as Authors, 
Perpetrators, or Accomplices, in any of the other Robberies, or at- 
tempts to rob, on the said Highways, since the first day of October 
last, so that he or they shall be convicted thereof, according to the 
due Course of Law. And I do hereby strictly charge and command 
all Magistrates, Sheriffs, and other Officers whatsoever, within this 
Government, to use their utmost Care and Diligence in detecting 
and apprehending the said Offenders, that they may be brought to 
Justice. 



PROVINCIAL COUNCIL. 77 

" Given under my band and the Great Seal of the said Province, 
at Philadelphia, the twenty-second day of November, in the Year 
of our Lord one thousand seven hundred & Sixty-three, And in 
the Fourth Year of His Majesty's Reign. 

" JOHN PENN. 
" By His Honour's Command, 

*' Joseph Shippen, Jun*^- Secretary. 

"GOD SAVE THE KING." 



At a Conference held on Thursday, the 1st December, 1763, at 
the State House. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieut'- Governor, 

ke 

James Hamilton, Richard Peters, \ Esq"' Members 

AVilliam Logan, Tho'- Cadwalader, J of Council. 

Joseph Fox, Esq'-' and several other Gentlemen. 

Papounan, Jn"- Curtis, Sam Curtis, Conoy Sam, Jemmy Nappier, 
Job Chilloway & his Father, with several elderly Indians from 
Wighalousin. 

John Curtiss who was sent by the Governor 
day of last, with a Message to the Indians at "Wigha- 

lousin, being returned from the Indian Country, attended with Pa- 
pounan and several other Indians who accompanied him from thence, 
& addressing himself to the Governor, in behalf of Papounan and. 
the Wighalousin Indians, spoke as follows : 

"Attend to me Brother, and you our new Brother, who are lately 
arrived. 

"You gave me a Belt of Wampum with a Message to send away 
to the Nanticokes, which I carried to them. When I delivered it 
there were Seven Nations present, who were very glad to receive it 
It went from Chenango to Onondago, among the Six Nations. 
" Brothers : 

" You must not take it amiss that I do not give you an answer to 
your Message ; I shall send my Answer to Sir William Johnson, 
from whom you are to expect it. 
" Brothers : 

" We of the five Nation Council (the Nanticokes) are very glad 
that you want an answer so soon to your Belts. You shall know 
all your Brothers' minds of the Six Nations; They are doing their 
endeavours to reconcile all matters, and make all things easy. 
" Brothers : 

" We are desirous that we may use our mutual Endeavours to 
live in Friendship together. We can see very well, Brothers, that 



78 MINUTES OF THE 

the evil Spirit stands so between you and us that we can't see each 
other. This makes us tell you to join us in our Endeavours, that 
we may remove this evil Spirit on one side if we can ; If you can't 
remove him out of the way, we shall live but a miserable Life. 

" Brothers : 

*' You know, and can see, that we Indians are poor, weak, miser- 
able People of ourselves, but if you join your endeavours to ours, 
we can remove him out of the way. 
" Brothers : 

" You told us this to remember how our forefathers and Grand- 
fathers did, and the method they used to make Friendship. 

" Brothers : 

*' You look but a little way, but I don't; I look as far back as 
the Creation, when Grod Almighty first made us, & placed the good 
Spirit in our Hearts. 

" Brothers : 

" I desire you to use your Endeavours to live in Friendship. We 
will do the same and use our Endeavors. Oa the Susquehanna 
three of my People lie killed by your People, but I don't regard 
them & shall still use my endeavours to preserve our Friendship. 

" Brothers : 

*' You shall never hear a word come out of my Mouth on account 
of my Young Men, who lie dead on the Susquehanna; I shall, not- 
withstanding this, use my Endeavours to preserve our Friend- 
ship." 

A String 

Job Chilloway then stood up in behalf of Papounan, says : 

"Brother: 

" I have a Message to deliver to you from Newoleka. Newo- 
leka says : 

*' Brother : 

*' Now I shall let you know how I have been used during my 
Friendship towards the English, I have done my endeavors to stop 
all these Enemy Indians who passed by me towards your Frontiers. 
They have threatened me to lay my head on the Logs & cut off my 
head for taking the White people's part, and they have threatened 
to tie me. They have put my Men in confinement, for taking the 
White People's part. Now I will let you know the Enemy Indians' 
Minds ; What made them so strong that I could not stop them 
from doing any Mischief, and what they complained of against their 
Brethren, the English, and what these Enemy Indians say against 
You. I believe they have told me all they have to complain 
against you. 

'* They tell me that the English have killed more of us since the 
Peace has been made than they did in the first War. They charged 
these things to me, which gave my Mind great trouble ; and after 



PROVINCIAL COUNCIL. 79 

those four Indians were killed at Fort Allen, I could not stop 
them by any means at all. I thought they would kill me, and my 
people, many a time, for offering to stop them. 

" I have now told you all how I have been tormented in my 
Mind by these Indians." 

A White String of three Links. 

Newoleka further says : 
" Brother: 

" I am very glad that I have heard from you. I am now going to 
give an answer to your Message you sent me by Jn°- Curtis. 

" I am glad to find you have taken pity on me, and spoken to 
me in the kind manner you have done. 
" Brother : 

" I am glad to hear your Speeches. I am here at present, but 
can scarcely determine which way to turn myself with my Family, 
but I will let you know which way I think to remove. I shall go 
away to Sir William Johnson, among his Indians, where they hold 
Treaties of Friendship. I therefore, deliver you this Belt, as other 
Indians used to do, to let you know my mind." 

A Belt of Seven Bows. 

** We have now said all we had to say." 



8th December, 1763. 
MEMORANDUM : 

The Governor received last Week, by the Packet, the follow- 
ing Letter, dated the 10th day of October last, from the Right Hon- 
ourable the Lords Commissioners for Trade and Plantations, inclo- 
sing the King's Proclamation of the Seventh of the same Month, 
concerning the Establishment of several New Colonies in North, 
America, and signifying His Majesty's pleasure, that the same 
should be made public in the several parts of this Government. 
His Honour, by the advice of his Council, this day issued a Pro- 
clamation for that purpose. 

^ Letter from the Right Hon'ble, (he Lord's Commiss'rs./or Trade, 
ibca., to the Gov'r. 

" Whitehall, October 10th, 1763. 
"Sir: 

" We have received His Majesty's Commands to send you the 
inclosed printed Proclamations, & to desire you will cause the same 
to be forthwith made Publick in the several parts of your Govern- 
ment, taking especial care that you do exactly conform to the orders 
and regulations therein contained, in so far as depends upon your- 



80 MINUTES OF THE ^ 

\ 
self, and that you do strictly enjoin all Persons whatever, whom it 
may Concern, to pay a due Obedience \hereto on their parts. 
" We are, Sir, 

" Your most Obedient, humble Servants, 

'' HILLSBOROUGH, 
"SOAME JEiNYNS, 
"E'" BACON, 
"JOHN YOKKE. 
" John Penn, Esq' 



^^ By the Ilonourahle JOHN PENN, Enquire, Lieutenant Gover- 
nor, and Commander-in- Chief of the Frovince of tenn^ylvania, 
and Cou7ities of Neivcaslle, Kent, and Sussex, upon Delaware. 

''A PROCLAMATION. 

"Whereas, His Majesty was graciously pleased on the seventh 
day of October last, to issue His Royal Proclamation in the words 
following, viz'- : 

" George R. : 

" Whereon, We have taken into our Royal Consideration the ex- 
tensive and valuable Acquisitions in America, secured to our Crown 
by the late Definitive Treaty of Peace, concluded at Paris the tenth 
day of February last, and being desirous that all our loving Sub- 
jects, as well of our Kingdoms as of our Colonies in America, may 
avail themselves, with all convenient Speed, of the great Benefits 
and Advantages which must accrue therefrom to their Com- 
merce, Manufactures, and Navigation, We have thought fit, with 
the Advice of our Privy Council, to issue this Our Royal Procla- 
mation, hereby to publish and declare to all Our loving Subjects, 
that We have, with the advice of our said Privy Council, granted 
Our Letters Patent under our Great Seal of Great Britain, to erect 
within the Countries and Islands ceded and confirmed to us by the 
said Treaty, Four Distinct and separate Governments, stiled and 
called by the Names of Quebec, East Florida, West Florida, and 
Grenada, & limited & Bounded as follows, viz'-: 

" First. The Government of Quebec, bounded on the Labrador 
Coast by the River St. John, and from thence by a Line drawn from the 
Head of that River through the Lake S'- John to the South end of 
the Lake nigh Pissin ; from whence the said Line crossing the 
River S'' Lawrence and the Lake Champlain, in Forty-five degrees 
of North Latitude, passes along the high Lands which divide the 
Rivers that empty themselves into the said River S'- Lawrence 
from those which fall into the Sea; And also along the North 
Coast of the Bayedes Chaluers and the Coast of the Gulph of S' 



PROVINCIAL COUNCIL. 81 

Lawrence to Cape Rosieres, and from thence crossing the ]Mouth of 
the River S'- Lawrence bj the West end of the Island of Anticosti, 
terminates at the aforesaid River of S'- John. 

" Secondly, The Government of East Florida, bounded to the 
Westward by the Gulph of Mexico & the Apalachicola River; to 
the Northward, by a Line drawn from that part of the said River 
where the Chatahouchee and Flint Rivers meet, to the Source of 
S'' Mary's River, and by the Course of the said River to the At- 
lantick Ocean ; and to the Eastward and Southward by the Atlantick 
Ocean, and the Gulph of Florida^ including all Islands within 
Six Leagues of the Sea Coast. 

" Thirdly, The Government of West Florida, bounded to the 
Southward by the Gulph of Mtxico, including all Islands withia 
Six ]jeagues of the Coast from the River Apalachicola to Lake 
Pontchatrain ; to the Westward by the said Lake, the Lake Mauri- 
pas, and the River Missisippi, to the Northward by a Line drawa 
due Bast from that part of the River Missisippi which lies in 31 
Degrees North Latitude, to the River Apalachicola or Cotahouchie ; 
& to the Eastward by the said River. 

•* Fourthly, The Government Grenada, comprehending the Island 
of that name, together with the Grenadines, and the Islands of 
Domnico, S'' Vincents, and Tobago. ^ 

''And, to the end that the open and free Fishery of our Subjects. 
may be extended to and carried on upon the Coast Labrador and 
the adjacent Islands, We have thought fit, with the advice of our 
said Privy Council, to put all that Coast from the River S' Johns 
to Hudson's Streights, together with'the Islands of Anticosti and 
Madalaine, and all other smaller Islands lying upon the said Coast, 
under the care and inspection of our Governor of Newfoundland. 

" We have also, with the advice of our Privy Council, thought 
fit to annex the Islands of S'- Johns & Cape Breton or Isle Royal, 
with the lesser Islands adjacent thereto, to our Government of 
Nova Scotia. 

" We have also, with the advice of our Privy Council aforesaid, 
annexed to cur Province of Georgia, all the Lands lying between 
the Rivers Altamaha & S'' Mary's. 

" And Whereas, it will greatly contribute to the speedy settling 
our said new Governments, that Our loving Subjects should be in- 
formed of Our paternal Care for the Security of the Liberties add 
Properties of those who are and shall become Inhabitants thereof, We 
have thought fit to publish and declare, by this. Our Proclamation, that 
We have, in the Letters Patent, under our Great Seal of Great Bri- 
tain, by which the said Governments are constituted, given express 
Power and Direction to our Governors of our said Colonies respect- 
ively, that so soon as the state and Circumstances of the said Colo- 
nies will admit thereof, they shall, with the advice & consent of 
the members of Our Council, summon & call General Assembliefl 
within the said Governments respectively, in such manner & form 
VOL. IX. — 6. 



82 MINUTES OF THE 

as is used and directed in those Colonies and Provinces in America, 
which are under Our immediate Government; And We have, also, 
given power to the said Governor, with the consent of Our said 
Councils, and the Representatives of the People, so to be summoned 
as aforesaid, to make, constitute, & ordain Laws, Statutes, and Or- 
dinances, for the Publick Peace, Welfare, and good Government of 
our said Colonies, and of the People and Inhabitants thereof, as 
near as may be agreeable to the Laws of England, & under such 
Regulations & Restrictions as are used in other Colonies ; And in 
the mean time, & until such Assemblies can be called, as aforesaid, 
all persons inhabiting in, or resorting to our said Colonies, may 
confide in Our Royal Protection for the Enjoyment of the benefit of 
the Laws of Our Realm of England ; for which purpose We have 
given power, under our Great Seal, to the Governors of our said Co- 
lonies respectively. To erect & Constitute, with the advice of our said 
Councils respectively. Courts of Judicature & Publick Justice within 
our said Colonies, for the hearing & determining all Causes, as well 
Criminal as Civil, according to Law and Ejquity, and as near as may 
be agreeable to the Laws of England, with Liberty to all Persona 
who may think themselves aggrieved by the Sentences of such 
Courts, in all Civil Cases, to appeal, under the usual Limitations 
and Restrictions, to Us in Our Privy Council. 

" We hav,e also, thought fit, with the advice of our Privy Council 
as aforesaid, to give unto the Governors and Councils of Our said 
Three New Colonies upon the Continent, full Power and Authority 
to settle and agree with the Inhabitants of our said New Colonies, 
or with any other Persons who shall resort thereto, for such Lands, 
Tenements, & Hereditaments, as are now, or hereafter shall be in 
our Power to dispose of, and them to grant, to any such Person, 
or Persons, upon such Terms, and under such moderate Quitrents, 
Services, & Acknowledgments, as have been appointed and settled 
in our other Colonies, and under such Conditions as shall appear to 
us to be necessary and expedient for the Advantage of the Grantees, 
and the Improvement and Settlement of Our said Colonies. 

" And Whereas, We are desirous, upon all Occasions, to testify 
Our Royal Sense and Approbation of the Conduct k Bravery of the 
Officers and Soldiers of Our Armies, and to reward the same. We 
do hereby command and impower Our Governors of Our said Three 
New Colonies, and all other Our Governors of Our Several Pro- 
vinces on the Continent of North America, to grant, without Fee 
or Reward, to such reduced Officers as have served in North Amer- 
ica during the late War, and to such private Soldiers as have been, 
or shall be disbanded in America, and are actually residing there, 
& shall personally apply for the same, the following Quantities of 
Lands, subject, at the expiration of ten Years, to the same Quit- 
rents as other Lands are subject to in the Province within which 
they are granted, as also subject to the same Conditions of Cultiva- 
tion and Improvement, viz'': 

" To every Person having the Rank of a Field Officer, Five 



PROVINCIAL COUNCIL. 83 

tkousand Acres ; To every Captain, Three thousand Acres ; To every 
Subaltern, or Staff Officer, Two thousand Acres ; To every Non- 
Commission Officer, Two hundred Acres ; To every private Man, 
fiftj^cres. 

" We*do likewise authorize and require the Governors & Com- 
manders-in-Chief of all Our said Colonies, upon the Continent of 
North America, to grant the like quantities of Land, and upon 
the same Conditions, to such Reduced Officers of our Navy of like 
Rank, as served on Board our Ships of War in North America, at 
the times of the Reduction of Louisburg and Quebec in the late 
War, and who shall persoeally apply to our respective Governors 
for such Grants. 

^^And Whereas^ it is just and reasonable, and essential to Our 
Interest & the Security of Our Colonies, that the several Nations or 
Tribes of Indians with whom We are connected, & who live under 
Our Protection, should not be molested or disturbed in the posses- 
sion of such parts of Our Dominions & Territories as, not having 
been ceded to or purchased by Us, are reserved to them, or any of 
them, as their Hunting Grounds ; We do, therefore, with the advice 
of our Privy Council, declare it to be Our Royal Will and Plea- 
sure, that no Governor or Commander-in-Chief of any of Our Colo- 
nies of Quebec, East Florida, or West Florida, do presume, upon any 
pretence whatever, to grant Warrants of Survey, or pass any Patents 
for Lands beyond the Bounds of their respective Governments, as 
described in their Commissions ; as also, that no Governor or Com- 
mander-in-Chief in any of our other Colonies or Plantations in 
America, do presume, for the present, and until Our further plea- 
sure be known, to grant Warrants of Survey, or pass Patents, for 
any Lands beyond the Heads or Sources of any of the Rivers which 
fall into the Atlantick Ocean from the West & North West, or 
upon any Lands whatever, which, not having been ceded to, or pur- 
chased by Us, as aforesaid, are reserved to the said Indians, or any 
of them. 

"And We do farther declare it to be our Royal Will & Pleasure, 
for ihe present as aforesaid, to reserve under Our Sovereignty, 
Protection, aad Dominion, for the use of the said Indians, all 
the Lands and Territories not included within the Limits 
of Our said Three New Governments, or within the Limits of the 
Territory granted to the Hudson's Bay Company, as also all the 
Lands & Territories lying to the Westward of the Sources of the 
Rivers which fall into the Sea from the West and North West, as 
aforesaid; And We do hereby strictly forbid, on pain of Our dis- 
pleasure, all our loving Subjects from snaking any purchases or 
Settleiaeuts whatever, or taking Possession of any of: the Lands 
above reserved, without our especial Leave and Licence for that 
purpose first obtained. 

" And We do further strictly enjoia and require all Persons 
whatever, who have either wilfwlly or inadvertently seated them- 
selves upon any Lands withia the Couq tries above described, ot 



84 MINUTES OF THE 

Tjpon any Lands whieb, not havypg been ceded to or pnrcbased hy 
Us, are still reserved to tke said Indians as aforesaid, forthwith So 
remove themselves from such Settlements. ^ 

''^nd Whereas, great Frauds and Abuses have been comriRted' 
in the purchasing Lands of the Indians, to the great prejfidiee of 
our Interest, and to the great Dissatisfaction of the said Indians ; 
m order, therefore, to prevent such Irregularities for the future, & 
to the End, that the Indians naay be convinced of our Justice and 
determined Resolution to remove all Reasonable Cause of Discon- 
tent, We do, with the advice of our Privy Council, strictly enjoim 
and require^ that no private Persoa do presume to make any pur- 
chase from the said Indians of any Lands reserved to the said In- 
dians, within those parts of our Colonies where We have thought 
proper to allow Settlement, but that if at any time any of the said' 
Indians should be inclined to dispose of the said Lands, the same 
shall be purchased only for Us, in Our Name, at some poblick 
Meeting or Assembly of the said Indians, to be held for that pur- 
pose, by the Governor or Commander-in-Chief of Our Colonies, 
respectively, within which they shall lie, and in ease they shall lie- 
within the Limits of any Proprietary Government, they shall be 
purchased only for the use and in the Name of such Proprietaries, 
conformable to such Directions & Instructions as We or tbey shali 
think proper to give for that purpose ; And We do, by the advice of 
Our Privy Council, declare and enjoin, that the Trade with the said 
Indians shall be free and open to all Our Subjects whatever, pro- 
vided that every person who may incline to Tradg with the said 
Indians, do take out a Licence for carrying on Buch Trade, from the 
Governor or Commander-in-Chief of any of our Colonies, respectively, 
where such person shall reside, and also give security to observe 
such Regulations as We shall at any time think fit, by Ourselves 
or by Our Commissaries, to be appointed for this purpose, to direct 
& appoint for the Benefit of the said Trade; And We do hereby 
Authorize, enjoin, & require the Governors & Commanders-in-Chief 
of all Our Colonies, respectively, as well those under our immediate 
Government as those under the Government & Direction of the Pro- 
prietaries to grant such Licences without Fee or Reward, taking 
especial care to insert therein a Condition, that such Licence shall 
ibe void, and the security forfeited, in ease the person to whom the- 
same is granted shall refuse or neglect to observe such Regulations- 
,^s We shall think proper to prescribe, as aforesaid. 

" And we do further express, enjoin, and require all officers what- 
ever, as well military as those employed in the management & di- 
rection of Indian Affairs, within the Territories reserved as afore- 
said for t-he use of the said Indians, to seize and apprehend all 
persons whatever, who, standing charged with Treasons, Misprisions 
of Treason, Murders or other Felonies or misdemeanors, shall fly 
from Justice & take refuge in the said Territory, and to send them, 
under a proper Guard, to the Colony where the Crime was con:iHiit- 



PROVINCIAL COUNCIL. 85 

ted of wbieh they staBid accused, in order to take their tryal for th« 
same. 

*' Given &t Our Court at St. James's the Seventh day of October, 
■one thousand seven hundred and sixty-three, in the Third Year of 
Our Keign. 

" jind Whereas, a Copy of the said Proclamation hath been, 
transmitted to me by the Kight Houourable the Lords Commission- 
•ers of Trade & Plantations, who have also signified to me Hia 
Majesty's Royal Wiirand Pleasure that the same should be pub- 
lished in the several parts of my Government, to the End that all 
His Majesty's Subjects there may pay due Obedience thereto, and 
strictly observe the same. I have, therefore, in Obedience to the said 
Koyai Order, signified to me as aforesaid, with the advice of the 
Council, caused the said Proclamation te be this day published, and 
do hereby strictly charge and command all His Majesty's Subjects 
svithio this Province to take notice of His Royal Will &, Pleasure 
■therein made knows, & to <X)nform themselves thereto axjoordingly. 

"'' Given umder my hand and the Great Seal of the Province of Penn- 
sylvania, at Philadelphia, this Eighth day of December, in the 
Fourth Year of His Majesty's Reign, A.nd in the Year of out 
Lord one thousand seven hundred and Sixty-three. 

"JOHN PENN- 
•" By His Honour's Command, 

" Joseph Shippen, Jun' ' Secretary. 

^^GOD SAVE THE KING." 



At 8, CeuQcil ^eld at Philadelphia on Saturday the 10th Deeem- 
l)er, 1763. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
Benjamin Shoemaker, WiUiam Logan, ^ p, ^ 



Richard Peters, 
Papounan, a Mohickon, "} 

John Curtis, Nanticoke, y Indians from Wighalousin. 
Job Chilloway, Delawaje, J 

The Governor addressed himself to Papouaan & the othersj k 
spoke as follows : 
** Brethren : 

"Every thing you said to me at your last Meeting has been well 
■considered, and is very agreeable to me. I return you my thanks 
for it, and particularly I think myself obliged to John Curtiss, for 
the dispatch & care wherewith he has executed my Message." 

A Stria;;'. 



86 MINUTES OF THE 

" Brethren : 

" You have behaved like Persons who are sensible of the Engage- 
ments thej are under, to perform faithfullj all that they have pro- 
mised in their publick Treaties of Peace and Friendship. 

*' Were we to enter into the particular Cruelties and the number 
of barbarous Murders committed against our Inhaibitants, at a time 
when they thought all was ended^ it would astomsh yoa. But as 
you have expressed yourselves determined to forget every thing of' 
this Nature, and we see by your good Speeches you have good Dis- 
positions, we shall not on our part mention any of these disagree- 
able matters, but, so far as you are concersed, pass them by with- 
out any further Notice at present ; and by tisis String we bury them 
and cover them out of sight." 

A String of 4 Links. 
" Brethren : 

"Newoleka did well to be so open in telling you all that was upon 
his Mind, and We shall take the first Opportunity that offers, to 
send a Message to him. We thank you for your care in delivering 
to us what Newoleka said to you." 

I now address myself to Papounan. 
"Brother Papounan : 

" I shall wait with patience for the answer of the Nanticokes & 
the other Indians to the Message I sent by Jn^Curtiss. But you 
know that yoa and Our Brethren at Wighalousin, to consider and 
advise what method would be best to be taken for the Security an<3 
Protection of you and all other Indians as are against the War, and 
desirous that there should be between us and them a continuance of 
mutual good Offices, and of everj thing that becomes good Friends 
and Brethren. 

"I therefore now request you to let me know what you think 
should be done in this matter, which will not admit of longer delay, 
and likewise that you would tell me, if you can, who these Enemy 
Indians are, who are committing the present Ravages and Murders 
upon the Frontiers ; And as I look upon you to be my Friend, I 
desire you will open your Heart very freely to me, & tell me what 
are their Beasons for so doing." 

Papounan, after retiring for half an hour to consider of an An- 
swer to the Governor's Questions, spoke as follows : 
" Brother : 

*' I can scarcely find what to say in answer to my Brother. As 
to my own part, I can't answer for the Behaviour of any of the 
Indians who live to the Westward at and about Allegheny, and in 
the Seneca Country j What I know is chiefly respecting some of 
the Delawares & Munseys. As to ourselves and the few Indians 
in my Neighborhood, who speak but one Language, the Delawares 
& Munseys, I know their Minds. 



PROVINCIAL COUNCIL. ST 

" Since the last War, when we entered into our Treaties of Friend- 
ship, We, the Indians on this side Allegheny, then thoroughly 
purged & cleaned ourselves, and buried all the Blood that was 
Spilt. 

"After the English built the Forts & Garrisoned them, the In- 
dians became uneasy & they and the English begun to kill each 
other, And tho' we intended to live in Friendship, agreeable to our 
Treaties, yet whenever our people went a hunting, they were killed 
by the Soldiers. 

** After the Friendly and good Speeches were delivered at the 
Treaties, we on the Susquenanna were inclined to live in Friend- 
ship with the English, & our people, on the strength of those friendly 
Speeches, went a Trading and Hunting towards the Allegheny, and 
the Soldiers there, not knowing our good Intentions, killed our 
people, on which some of the Indians at Allegheny came and fell 
on the People on the Frontiers ; this made some of your Soldiers 
at Augusta and Fort Allen kill some of our Indians, who are your 
Friends. 

" It gives me pleasure to tell my mind to my Brother the Gov- 
ernor, as he has spoke so favourably and kindly to me. 
" Brother: 

" I will now acquaint you what I have heard with my own Ears, 
and not from Hearsay. The Indians say that notwithstanding the 
English have entered into a Treaty of Peace, their people still con- 
tinue to kill our People ; they dont understand this Conduct, and 
are therefore determined to strike the English themselves, & if af- 
ter they have struck them, the English declare themselves willing 
to live in Friendship, we shall then believe them. 

" Now I will tell you what a Company of the Warriors (the Mun- 
scys) who are now striking you, said to me, on my coming away. 
* Now Brothers, you are going down among your Brethren, the En- 
glish, I and all the Warriors should be very glad to know whether 
they treat you kindly or not, and how you are used. 

" And now. Brother, I am exceedingly obliged to you that you 
have received me so kindly, and spoke so favourably to me, & T 
should be glad you will let me return to the Indian Country, that 
I may let the Indians there know how friendly I have been re- 
ceived, and that I may make them acquainted with what you have 
said on those two things; And I desire you will convoy me safa 
thro' the Inhabitants. 
" Brother : 

" In answer to your desire to know of us in what manner we 
and those friendly Indians we have left behind, proposed to live in 
Security, We now tell you that we have not any better method to 
take for the security of all such Indians as are friendly disposed to 
you, than to invite them in as you have done us. The Message you 
sent us on this account, by Ju"- Curtis, was not delivered to us ia 



88. MINUTES OF THE 

the manner you now mention, it was told to us that you desired we- 
should come in, & we came accordingly. Had it been delivered in 
the manner you mention for us to consider this matter in our Indiaa 
Council, we should have done it, but it was not, 
" Brother : 

'^ You desired me to inform you what steps can be taken to secure 
our friendly Indians from being hurt by your Warriors ; for my 
part I can't think of any, & I desire your advice & assistance ; and 
particularly that you will not suffer any of your young Men or 
Soldiers to hurt Newoleka, or any of his people, as he is your 
hearty friend, and was one of the first Indians who took hold of the 
Belt of Friendship last War. 
" Brother : 

'*I have laid open my heart to you, & have informed you of all 
that I have heard, on account of your kind usage to us. 

" Now, Brother, I desire you will take pity on me, and not con- 
fine me in your Gaol on account of any false Reports or Stories that 
you may hear, as you have done one of our Brethren, who is now 
confined here. I am very glad to find the Governor takes pleasure 
in hearing me, and thank him for it; But I have now finished what 
I had to say." 



At a Council held at Philadelphia, on Monday, the 19th Decern""' 
1763. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
Ac"- 

Benjamin Shoemaker, William Logan, ? -p „ 

Kichard Peters, Benjamin Chew, ) ^ 

The Governor laid before the Board an Address from the Cones- 
togoe Indians, congratulating him on his Arrival, praying the Pro- 
tection of the Government, & complaining of some Encroachments 
made on the Lands reserved for them, & desiring that they might 
be furnished with Provisions as usual, which was read, and is as 
follows, viz'- : 

" To the Honourable JOHN PENN, Esqrdre, Lieutenant Gov- 
ernor and Commander-in-Chief of the Proviiice of Pennsylvaiiia) 
&ca , &ca. 

*> 

"Brother: 

" We (the Conestogoe Indians) take the present opportunity, by 
Capt"- Montour, to welcome you into this Country by this String of 
Wampum, and as we were settled at this place by an Agreement of 
Peace and Amity established between your Grandfathers & ours, 



PROVINCIAL COUNCIL. 89 

We now promise ourselves your favour and protection, and as we 
have always lived in Peace and Quietness with our Brethren & Neigh- 
bours round us during the last & present Indian Wars, We hope 
now, as we are deprived from supporting our Families by hunting, 
as We formerly did, you will consider our distressed Situation, & 
grant our Women and Children some Cloathing to cover them this 
Winter. The Government has always been kind enough to allow 
us some Provisions, and did formerly appoint People to take care of 
us, but as there is no person to take that upon him, & some of our 
Neighbours have encroach'd upon the Tract of Land reserved here 
for our use. We would now beg our Brother the Governor to appoint 
our Friend Captain Thomas M'Kee, who lives near us and under- 
stands our Language, to take care, and see Justice done us. 

'' SOHAYS, >i his Mark. 

" INDIAN, >i his Mark, 
or CUYANGUEPvRYCOEA, 
his 

« SAGUYASOTH A, X or JOHN. 
Mark. 
" Conestogoe, Nov'- 30th, 1763." 

The Governor having received, on Friday last, a Letter, dated 
the 14th Instant, from Edward Shippen, Esq'' at Lancaster, ac- 
quainting him that a Party of Armed Men had that Morning mur- 
dered Six of the said Conestogoe Indians at their Town, laid the 
same before the Board, which was read, viz'' : 

A Letter to the Governor from Edward Shippen, Esquire. 

*' Lancaster, 14th December, 1763, Evening. 
" Honoured Sir : 

" One Robert Edgar, a hired Man to Captain Thomas M'Kee, 
living near the Borough, acquainted me to day that a Company of 
People from the Frontiers had killed and scalped most of the In- 
dians at the Conestogoe Town early this Morning ; he said he had 
his information from an Indian boy who made his Escape ; Mr. 
Slough has been to the place and held a Coroner's Inquest on the 
Corpses, being Six in number; Bill Sawk and some other Indians 
were gone towards Smith's Iron Works to sell brooms ; but where 
they are now we can't understand ; And the Indians, John Smith, 
& Peggy, his Wife, and their child, and Young Joe Hays, were 
abroad last night too, and lodged at one Peter Swar's, about two ^ 
miles from hence; These last came here this afternoon, whom we 
acquainted with what had happened to their Friends & Rela- 
tions, and advised them to put themselves under our Protection, 
which they readily agreed to ; And they are now in Our Work 
House by themselves, where they are well provided for with every 
necessary. Warrants are issued for the apprehending of the Mur- 



90 MINUTES OF THE 

derers, said to be upwards of fifty men, well armed & mounted. 
I beg my kind Complements to Mr. Richard Penn, & I am with 
all due Hegards, 

"Sir, Your Honour's Obliged 

"Friend, and most humble Servant, 

"EDW^- SHIPPEN. 
" The Hon"' John Penn, Esq"" ' Governor." 

Whereupon, the Council being moved with the cruelty & barbarity 
of the above action, & apprehending that the Indians who were 
settled at Conestogo were under the protection of this Government 
and its Laws, and that consequently the killing them without Cause 
or provocation, amounted in Law to the Crime of Murder, advised 
the Governor to write immediately to the Magistrates of the Coun- 
ties of York, Lancaster, &; Cumberland, to exert themselves on 
this Occasion, and issue Warrants, & do everything in their power 
for the Apprehending all the Principals concerned in the said Crime, 
& their Accomplices, and securing them, that they may be brought 
to Justice, and further, that a Proclamation be issued, ordering all 
Officers of Justice to be aiding & assisting therein. 

Then was read the following Letter from General Gage, of the 
12th Instant, renewing General Amherst's requisition of Troops 
from this Province, for carrying on an Offensive War against the 
Indians, viz' : 

A Letter from General Gmje to the Governor. 

" New York, 12 December, 1763. 
"Sir: 

" I am to hope. Sir Jeffery Amherst's departure from America, 
will make no alteration in respect of the Requisition he made in 
his Letter of the 5th Novem' > from the Province of Pennsylvania, 
of a body of One thousand Men for the Service of the next Year. 
But, as I have succeeded Sir Jeffery Amherst in the Command of 
His Majesty's Forces in North America, it behooves me to neglect 
nothing which might promote a Service so essential to the future 
Interests and happiness of all the Colonys; And, therefore, I think 
proper to make a fresh application to you on this Subject, trusting 
that the Requisition will not only meet with your Approbation, but 
that the necessity of the Service for which this aid is Demanded, is 
60 Apparent, that it will meet with a favourable Reception from 
your Council & Assembly, & that we shall thereby be enabled to 
' reduce the Savages to a Peace which shall be sure and lasting. 

" Every thing which S'' Jeffery Amherst promised respecting the 
Victualling of the Troops and providing them with Arms h Tents, 
shall be complied with. I am, with great Regard, Sir, 

" Your most Obedient humble Servant, 
" THOS. GAGE. 

" The Hon*"'= Governor Penn.' 



PROVINCIAL COUNCIL. 91 

The Governor having summoned the House of Assemblj to meet 
on this day, laid before the Board a Draft of a Speech, which he 
proposed to deliver to the Assembly as soon as they informed him 
of their being met, and the same was read & approved, and is as fol- 
lows : 

Mr. Speaker and Gentlemen of the Assemhli/. 

" Nothing but my indispensable duty to His Majesty, and a sin- 
cere Desire to promote the Welfare and Happiness of the Good 
People of this Government (to which the Honourable Proprietaries, 
with the King's Royal Approbation, have lately been pleased to ap- 
point me), could have prevailed on me to call you together before 
the time of your own adjournment, as I presume you had considered 
and fixed upon that as the most convenient to your domestick af- 
fairs ; But I am persuaded the same motives which have influenced 
me on this occasion, will induce you chearfully to prefer the neces- 
sary Service of the Publick to all private Considerations. 

" I am to inform you. Gentlemen, that very soon after my Arrival, 
I received a Letter from Sir JefFery Amherst, designed at first, for my 
immediate Predecessor, Mr. Hamilton, but (on notice of my having ta- 
ken upon me the Government), inclosed to me, in which he requests 
that I would use my influence with the Council & Assembly of this Pro- 
vince, to raise one thousand Men, exclusive of Commissioned Offi- 
cers, to be divided into Two Corps, of Ten Compauiet. each, com- 
manded by their proper Field Officers, and that it will be necessary 
the whole should be raised and ready to join the King's Troops, or 
to be sent on such Service as the Commanding Officer in the South- 
ern District may direct, by the first of March next, and the time of 
their Service limited to the first of November following; tho' he 
hopes every thing may be finished long before that period, in which 
case the Troops will be sent back to the Province. You will see by 
the Letter which I have ordered to be laid before you, that the 
General undertakes to furnish the Men that shall take the Field 
with Tents, Provisions, and Arms, at the King's expence. All, 
therefore, that is desired of us, is, to make provision for their pay, 
and to find them in Cloathing, which may consist of a short Jacket, 
flannel Waistcoat, Leggings, &ca. You will also be informed by 
the said Letter, that the General hath made Applications to the 
provinces of New York and New Jersey, and to the Colony of Vir- 
ginia, for certain Quotas of Men, to act in Conjunction with the 
King's Troops off"ensively against the Indians, the former by way of 
Lake Erie, &c^ ' the latter in concert with ours, against the Dela- 
wares, Shawanese, and other Tribes, who have commitied Hostili- 
ties against us. These measures he judges to be the most probable 
for crushing the present Insurrections of the Indians, & the most 
effectual for reducing them, & securing Peace and Quiet to the Set- 
tlements hereafter. This Requisition hath since been warmly re- 



92 MINUTES OF THE 

newed by General Gage, who hath lately succeeded to the Chief 
Command of His Majestie's Forces in North America. 
"Gentlemen : 

" Every Man who is acquainted with the great Extent of Fron- 
tier of this and the neighboring Colonies, and considers the manner 
in which the Indians make War, must see the Disadvantages each 
particular Province must labour under in endeavouring singly to 
defend its own Settlements, and that nothing but a vigorous exer- 
tion of the united Strength of the whole, & carrying the War 
into the Enemie's Country, can eifectually secure our back Inhabit- 
ants from the barbarous inroads of the Savages, Or is so likely to 
reduce them speedily to hearken to reasonable Terms of Accommo- 
dation. I do, therefore, most heartily recommend this matter to 
your Consideration, and doubt not from your known Zeal for the 
King's Service in general, and your regard for the safety of this 
Province in particular, you will comply with a Demand which may 
be attended with such happy Effects to both. 

" Gentlemen : 

" I, with pleasure, take the first opportunity of speaking to you 
as a Body, to acquaint you that I have it in charge from the Pro- 
prietaries to assure you of their paternal Regard and affection for 
the good people of this Province, and that they wish for nothing 
more than to promote their real Plappiness. As to myself, I can 
with great Truth say, that I am most sincerely disposed to do every 
thing in my power that may tend to the advantage & prosperity of 
the Province, and to cultivate and improve that Harmony and good 
understanding with this and all future Assemblies, during my Ad- 
ministration, which is so essentially necessary to the publick good, 
as well as to the ease and happiness of the several Branches of the 
Legislature. 

" JOHN PENN. 

« 20th December, 1763." 

The Governor, agreeable to the advice of the Council, wrote the 
following Letter to the magistrates of York, Lancaster, & Cum- 
berland Counties, viz' : 

" Philadelphia, 19th Decem'- 1763. 
" Gentlemen : 

'' Having received Information that on Wednesday, the 14th In- 
stant, a party of Men, armed and mounted, did, without cause or 
provocation, and in defiance of all Authority, proceed to the Cones- 
togo Indian Town, in Lancaster County, and murder Six of our 
Friendly Indians, settled there under the Protection of this Gov- 
ernment and its Laws. I do hereby direct and require you imme- 
diately to exert yourselves on this occasion, & to issue Warrants 
and take all other Measures in your power for the apprehending all 



PROVINCIAL COUNCIL. 93 

the Principals concerned in the murder of the said Indians and their 
accomplices, & securing them in some of the Gaols of this Province, 
that they may be brought to Justice, & receive a legal tryal for the 
Crimes they have committed. 

*' I am, Gentlemen, 

" Your very humble Servant, 

'' JOHN PENN. 

" To the Magistrates of the Counties of Lancaster, York, and 
Cumberland." 



At a Council held at Philadelphia, on Tuesday, the 20th De- 
cember, 1763. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 



Esq"^ 



Benjamin Shoemaker, Richard Peters, 

William Logan, Benjamin Chew, 

The Governor, having received a Message this morning from the 
Assembly by two members, acquainting him that a Quorum of the 
House was met pursuant to His Summons, and were ready to re- 
ceive any thing he had to lay before them, and that they desired a 
Copy of the Writ by which the House were convened, to which the 
Governor made answer that he intended to meet them in the Coun- 
cil Chamber this day at 12 o'Clock, & should send the Secretary 
with one of the Writs. 

The Council being met, the Secretary was ordered to acquaint the 
House that he required their attendance in the Council Chamber, 
and to deliver to them one of the Writs by which they had been 
called together. 

The Speaker and the whole House attending, accordingly the 
Governor made the Speech to them agreed upon Yesterday. 

The Governor then delivered to the Speaker the several Letters 
from General Amherst & General Gage, referred to in his Speech. 



At a Council held at Philad*- on Wednesday, the 21st December, 
1763. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

William Logan, Richard Peters, & Benj°- Chew, Esquires. 
The Council taking into Consideration the late Conferences with 
Papounan & other Indians from Wighalousin, as well as the un- 



94 MINUTES OF THE 

happy aflFair of the Conestogo Indians, wefe of opinion, that the 
few friendly Indians left at Wighalousin by Papounan should be 
invited down to Philadelphia, & be taken under the protection of 
the Government, & that those of the Conestogo Indians who escaped 
the Fury of the Rioters, ought to be immediately removed for their 
better Security, & therefore advised the Governor to desire the Con- 
currence of the Assembly in these Measures, & that they would 
provide for the necessary expence attending them ; for which pur- 
pose a draught of a Message was immediately prepared, read and 
approved, & the Secretary was ordered to transcribe the same, and 
carry it to the House this Evening, and at the same time lay before 
them the Minutes of Indian Conferences therein referred to for 
their perusal. 

A 3/essage from the Governor to the Assembly. 

" Gentlemen : 

"I lay before you the Minutes of several Conferences I have held 
with Papounan & some other Indians, who live at Wighalousin, on 
the River Susquehanna. I have no reason to doubt that they have 
disclosed to me all that they really know of the present state of 
the Indian War, and of the Cause assigned by the Enemy Indians 
in their Neighbourhood for their renewing Hostilities against us. 
They have intimated to me that they, and a few others with whom 
they are connected, being really our sincere Friends, are uneasy at 
their present Situation, and would incline to come and live among 
us, if we would receive &; protect them. They have been very im- 
portunate with me for an immediate Answer, alledging, as they 
have been very kindly treated by us, if this overture should be 
likewise favourably accepted, that it would confirm those who are 
already well disposed, & also incline many others, who are at pre- 
sent in Arms against Us, to sue for Peace. 

" The Commissioners who are joined with me in the Disposition 
of the Publick Money, were made acquainted with this affair ; and 
tho' they agreed with me as to the Expediency and Utility of the 
Measure, yet as it would be attended with Expence, & the public 
Funds were nigh exhausted, we did not think proper to go into it 
I therefore recommend it to you to consider this matter, & if you 
concur with me in Opinion that this will be for the public Service, 
& will provide a Fund on the Occasion, I desire you will give me 
your answer as soon as possible, that I may no longer detain the 
Indians, who are impatient to return home with my Messages. 

" I am also to lay before you a piece of intelligence I received 
from Lancaster on Friday last, which has given me the utmost Con- 
cern. On the 14 Instant a number of People well armed & 
mounted, went to the Indian Town in Conestogoe Manor, and, 
without the least Reason or Provocation, in cool blood, barbarously 
killed Six of the Indians settled there, & would probably have 



PROVINCIAL COUNCIL. 95 

treated all the rest with the same cruelty, had they not Providen- 
tially been abroad at that time ; & after burning all their Houses 
the Perpetrators of this inhuman & wicked Action retired. 

" As the Indians were seated on the Manor by the Government, 
& had lived there peaceably & inoifensively during all our late 
Troubles, I conceived they were as much under the Protection of 
the Government, & its Laws, as any others amongst us, wherefore 
I thought it my Duty to do every thing in my power for the im- 
mediate apprehending & bringing to Justice the Authors of this 
horrid Scene ; & accordingly, by the advice of the Council, I have 
dispatched Letters to the Magistrates of Lancaster, Cumberland, 
and York Counties, requiring and charging them to exert them- 
selves &, endeavour, by all possible means, to discover and secure 
the Principals concerned in this outrageous Act, and their Accom- 
plices. I am also preparing a Proclamation, ordering and requir- 
ing all officers civil and military, and all His Majesty's Subjects in 
this Government, to be aiding and assisting to the Magistrates in 
the Execution of the Laws on this unhappy occasion. Such of the 
Conestogoe Indians as had the good fortune to escape the Fury of 
the abovementioned lawless Party, are now taken under the protec- 
tion of the Magistracy at Lancaster, and are secured in the Work- 
house there, but are in great distress for want of necessaries & 
Apparel, having lost every thing except the little they had on their 
backs, in their Houses which were burnt. 

'* As they do not apprehend themselves to be safe where they are, 
they have, by a verbal Message by one of your Members, requested 
of me that they may be removed to this city, or its Neigbbourhood ; 
and I am very ready to comply immediately with their de'sire, pro- 
vided you will enable me to defray the Expence of it. 

"JOHN PENN. 

"December 21st, 1763." 



Thursday, 22d December. 

This day the Governor issued the following Proclamation, by the 
advise of the Council, on the 19th Instant, viz' : 

"5y the Honourahle JOHN PENN, Esquire, Lieutenant Gov- 
ernor & Commander-in-Chief of the Province of Pennsylvania, 
and Counties of Newcastle, Kent, & Sussex, upon Delaware : 

"A PROCLAMATION. 

" Whereas, I have received Information that on Wednesday the 
fourteenth day of this Month, a number of People armed & 
mounted on Horseback, unlawfully assembled together, & went to 



96 MINUTES OF THE 

the Indian Town in the Conestogoe Manor, in Lancaster County, and 
"without the least Reason or Provocation, in cool blood barbarously 
killed Six of the Indians settled there, and burnt & destroyed all 
their Houses & Effects. And Whereas, so cruel and inhuman an 
Act committed in the Heart of this Province, on the said Indians, 
who have lived peaceably and inoffensively among us during all 
our late Troubles, and for many Years before, & were justly con- 
sidered as under the protection of this Government and its Laws, 
calls loudly for the vigourous Exertion of the civil Authority to 
detect the Offenders and bring them to condign Punishment, I 
have therefore, by and with the advice and consent of the Council, 
thought fit to issue this Proclamation, and do strictly charge and 
enjoin all Judges, Justices, Sheriffs, Constables, Ofiicers, Civil and 
Military, and all other his Majesty's liege Subjects within this Pro- 
vince, to make diligent Search & Enquiry after the Authors «& 
Perpetrators of the said Crime, their Abettors and Accomplices, 
and to use all possible means to apprehend and secure them in 
some of the Public Gaols of this Province, that they may be 
brought to their Tryals, and be proceeded against according to 
Law. 

" Jlnd Whereas, a number of Indians who lately lived on or 
near the Frontiers of this Province, being willing and desirous to 
preserve and continue the ancient Friendship which heretofore sub- 
sisted between them and the good People of this Province, have, 
at their earnest request, been removed from their Habitations and 
brought into the County of Philadelphia, and seated for the pre- 
sent, for thefr better Security, on the Province Island & in other 
places in the neighbourhood of the City of Philadelphia, where 
Provision is made for them at the Publick Expence. I do there- 
fore hereby strictly forbid all Persons whatsoever, to molest or 
injure any of the said Indians, as they will answer the Contrary at 
their Peril. 

" Given under my hand and the Great Seal of the said Province, 
at Philadelphia, the twenty-second day of December, Anno 
Domini, one thousand seven hundred and sixty-three, And in 
the Fourth Year of His Majesty's Reign. 

"JOHN PENN. 
" By His Honour's Command. 

" Joseph Shippen, Jun'' Secretary. 
"GOD SAVE THE KING." 



Saturday, the 24th December. 

The Governor received a Message from the Assembly by two 
Members, acquainting him that the House proposed to present an 
Address to His Honour, and desired to know when he would be 



PROVINCIAL COUNCIL. 97 

pleased to receive it, <t that they were inclinable to adjourn till 
Monday, the 2nd January next, if it was agreeable to him; To 
which the Governor answered, that he would be ready to receive 
the address of the House at half an hour after 4 o' Clock this after- 
noon, in the Council Chamber, and that he had no objection to 
their proposed short Adjournment. The said Members, at the 
same time, presented to the Governor the following written Mess- 
age from the House: 

Ji Message to the Governor from the Assemhly. 

" May it Please your Honour : 

*' We have taken into our Consideration your Honour's Message 
of the 21st Instant, & are extreamly concerned to hear of I he un- 
provoked Cruelties committed on the peaceable Indians settled in 
Conestogoe Manor. 

" We thank the Governor for communicating this Intelligence 
and the Indian Conferences to Us, and for the Measui'es he has 
taken to have the Perpetrators of this horrid Barbarity, and their 
Accomplices, apprehended and brought to Justice. 

" We will provide for the removing and maintaining such of 
these unhappy People as have escaped the Fury of the above men- 
tioned lawless Party, and desire your Honour will be pleased to 
order them to be brought down to some place of Safety as soon as 
it can conveniently be done. 

" We shall also make Provision for the support of the few 
friendly Indians at Wighalousin, on Susquehanna, who incline to 
come and live among us, whenever your Honour shall think proper 
to invite them into the interior parts of the Province. 
" Signed by order of the House, 

" ISAAC NORRIS, Speaker. 

"December 24th, 1763." 



Eodem Die, 4i o' Clock, P. M. 

The Governor having ordered the Secretary to acquaint the House 
that he was in the Council Chamber & ready to receive them, They 
attended accordingly, and the Speaker delivered the following ad- 
dress, viz*- : 

" The Address of the Representatives of the Freemen of the Pro- 
vince oj Pennsylvania^ in General Assembly met : 

" To the Ilonourable J OHN PEISfJSf, Esquire, Lieutenant Gov- 
ernor^ & Commander-in-Chief of the Province aforesaid, and 
Counties of Neiccastle, Kent, and Sussex, upon Delaware : 

" May it Please your Honour : 

" The Representatives of the Freemen of the Province of Penn- 
sylvania, in General Assembly met, with the most cordial Satisfac- 
VOL. IX. — 7. 



^g MINUTES OF THE 

tion, embrace tbis Opportunity to congratulate your Honour ob' 
your safe arrival among us, and your accession to this Government. 
The appointment of one of the Descendants of our first worthy 
Proprietary to preside over the Province, gives us high Pleasure,, 
and, we doubt not, is very agi-eeable to the People we represent, as 
■We are induced to hope for many Advantages from the Administra- 
tion of one of the Proprietary Family, whose true Interest is cer- 
tainly so intimately united with that of the People, that neither can 
suffer an Injury by any unfortunate Disunion, without affecting the 
other. 

" Permit us, therefore, to return your Honour our sincere thanks- 
for the warm Professions 3'ou are pleased to make, of doing every 
thing in your power that may tend to the advantage and prosperity 
of the Province, & to cultivate and improve Harmony and a good Un- 
derstanding with Us and all future Assemblies. A Conduct so judi- 
cious and obliging, must certainly render your Government easy and 
agreeable to yourself, h happy to the People, as you may be as- 
sured nothing shall be wanting on our part to protect and preserve 
that Harmony so essentially necessary at all times for the ease of 
the several Branches of the Legislature & the public Welfare. 

^'Permit us, also, to request you will be pleased to return the 
Honourable Proprietaries our hearty acknowledgments for the As- 
surances they give us of their paternal Regard and Affection for the 
good People of this Province, & their inclination to promote our 
real happiness. Such a Disposition, we are persuaded, will secure 
to our Proprietaries the Esteem and Respect of the Inhabitants of 
the Province, and induce them on all Occasions to unite in promo- 
ting the Proprietary Interest & Happiness of their Families. 
"May it Please your Honour, 

" The good Opinion you are pleased to eptortain of our zeal for 
His Majesty's Service, and our Regard for the Safety of the Pro- 
Tince is very grateful to us; The paternal Affection of the best of 
Sovereigns for his Subjects, however remote, and his o.mstant atten- 
tion to the preservation of their Rights & Liberties, justly demand 
the highest Degree of Loyalty and affection for His Royal Person, 
& Zeal for his Service, that a grateful People can possibly demon- 
strate ; and the important Charge with which we are entrusted, & 
our inviolable Duty to the People we represent, we hope will en- 
sure to them our utmost Regard to their Protection and safety. 
Influenced by these motives, we have resolved to comply fully with 
the General's requisitiou, recommended to us by your Honour, iu 
granting to His Majesty a thousand Men, exclusive of Commis- 
sioned Officers, to be divided into two Corps, Commanded by their 
proper Field Officers ; and we shall immediately proceed to prepare 
.a Bill for the raising of the Supplies necessary for the Cloathing & 
paying the Troops, that the same maybe presented to your Honour 
for your Concurrence. 



PROVINCIAL COUNCIL. 99 

" To this important measure we have acceded with the utmost 
Chearfulness, from a Conviction that nothing less than a vigorous 
Exertion of the united Strength of the Colonies in offensive 
Operations against the Enemy, and making them sensible of the 
weight of our just Resentment for their Perfidy in captivating 
& cruelly murdering our Inhabitants, as well as Traders who were 
supplying them with the necessaries of Life, at their own Instance 
& Solicitation, can procure a Restitution of our Fellow Subjects, 
who have been perfidiously taken or detained since the late 
Peace, contrary to express Treaties ; nor can any thing less, in our 
Opinion, obtain a Redress for the losses sustained by our merchants, 
Traders, and others, his Majesty's Subjects in this Province, and 
reduce the Emeny to accept of reasonable Terms of Accommoda- 
tion ; and at the same time that we have resolved thus fully to 
comply with the General's Requisition," we make no doubt the 
Lower Counties, under your Honour's Grovernment, will likewise 
chearfully raise a proportionable number of Men for the same im- 
portant Service. 

" Signed by Order of the House. 

" ISAAC NORRIS, Speaker. 

" Decern'- 24th, 1763." 

To which the Governor was pleased to return an Answer in these 
words,, viz'' : 
" Gentlemen: 

" I am extreamly obliged to you for your kind & affectionate Ad- 
dress. I shall take a particular pleasure in communicating to the 
Proprietaries that part of it wherein you are pleased to express the 
due Sense you have of their Regard and Affection, which I know 
will be most acceptable to them. 

" Your speedy resolutions respecting the General's requisition of 
Troops to be employed in offensive Operations against our Indian 
Enemies, & the Chearfulness with which you have voted the full 
Quota demanded, cannot fail to recommend you to His Majesty's 
favour, as you thereby Testify your Zeal for his Service, as well as 
your Regard for the safety & Happiness of the People of this 
Province. 

"JOHN PENN. 

" Decern" 24, 1763." 

Then the Speaker gave the Governor a Certificate for £600 to- 
wards his Support for the ensuing Year. 



100 MINUTES OF THE 



At a Council held at Philadelphia on Thursday the 29 Decem- 
ber, 1763. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieuten't Governor, 
&ca. 

James Hamilton, Richard Peters, ^ 

Benjamin Shoemaker, Lynford Lardner, ip, 

William Logan, Benjamin Chew, ( ^ 

Thomas Cadwalader, J 

The Governor received last Night, by Express, the following 

Letter from Edward Shippen, Esquire, at Lancaster, which was 
laid before the Board for their Consideration, & is as follows : 

" Lancaster, 27th Decern'- 1763, P. M. 
" Honoured Sir: 

" I am to acquaint your Honour that between two and three of 
the clock this afternoon, upwards of a hundred armed men, from 
the Westward, rode very fast into Town, turned their Horses into 
Mr. Slough's (an Inn-keeper) Yard, and proceeded with the great- 
est Precipitation to the Work House, stove open the door and kill- 
ed all the Indians, and then took to their Horses and rode oflF, all 
their business was done, and they were returning to their horses be- 
fore I could get half way down to the Work house ; The Sheriff 
and Coroner, however, & several others, got down as soon as the 
Rioters, but could not prevail with them to stop their hands ; some 
people say they heard them declare they would proceed to the Pro- 
vince Island, and destroy the Indians there. 
''I am with great Respect, Sir, 

" Your Honour's most Obedient humble Servant, 

"EDW° SHIPPEN. 
" The Hon"^ Jn"- Penn, Esq'- Gov'-" 

The Council being of opinion that the Indians under the Gov- 
ernment's protection on the Province Island, were greatly exposed 
in their present Situation to danger of being molested by the Rio- 
ters, & that it would be proper to contrive immediate Means for 
their defence, agreed that Three Flatts & 3 small boats should be 
sent without delay to the Province Island for the use of the In- 
dians, that they might, on any intelligence of the approach of the 
Rioters, make their escape, till more effectual measures should be 
fallen on for their Protection. 

The Council further advised the Governor to dispatch the Ex- 
press back to Lancaster, with a Letter to Mr. Edward Shippen, de- 
siring him to gain all the Intelligence in his power, respecting the 
further designs and motions of the lawless Rioters, and to endea- 
vour to learn the names of any of the Ringleaders or persons cod- 



PROVINCIAL COUNCIL. 101 

cerned in the murder of the Indians in the Work House, and to 
acquaint the Grovernor, from time to time, by Express, with every 
piece of Intelligence he should receive concerning them. 

The Governor was also advised to write to Colonel Armstrong, 
at Carlisle, and the Rev"^- Mr. Elder, at Paxton, to exert themselves 
on this occasion, by using all means in their Power, to discover and 
detect the Rioters, and to suppress all such Insurrections among the 
People under their influence for the future. 

The Council were likewise of opinion that a high reward should 
be oiFered for the apprehending & securing the Ringleaders of the 
Rioters, and the Provincial Commissioners being called in, and con- 
curring with this Measure, they advised that a Proclamation for 
that purpose be immediately issued by the Governor, offering a Re- 
wardof Two hundred pounds each, for the detection of the said 
Ringleaders, and that any accomplice, not immediately concerned. 

The Governor then proposed to the Council, that his Brother, 
Mr. Richard Penn, should be admitted as a Member of Council, 
which was unanimously agreed to by the Board, who expressed a 
particular Satisfaction and. pleasure in having so worthy a Member 
added to their number. 



At a Council held at Philad^ on Saturday, 31st Decern'' 1763. 

present: 
The Honourable JOHN PENN, Esquire, Lieutcn'' Governor, 

Benjamin Shoemaker, Benjamin Chew, ~) 

WilUiam Logan, Lynford Lardner, > Esquires. 

Richard Peters, Joseph Turner, j 

The Council again taking into Consideration in what manner the 
friendly Indians at the Province Island might be most effectually 
secured from the attacks of the Rioters, who lately broke open the 
Gaol at Lancaster, and killed the Indians there, & have threatened 
to come down and destroy the Indians placed by the Governor on 
the said Island, advised the Governor to raise, forthwith, a Company 
of fifty Men with their proper Officers, and to give them orders to 
take post at the Province Island, and to keep sufficient Guards over 
the said Indians, Night and Day, & to defend them to the utmost 
of their power against all attempts to injure or molest them; hav- 
ing first obtained the Concurrence of the Provincial Commissioners 
to defray the expence of the above Measure. 

A Letter from the Sheriff of Lancaster, of the 27ch of December 
Ins'-' with the list of Conestogoe Indians were read, and ordered to be 
put on these 3Iinutes : 



102 MINUTES OF THE 



A Letter to the Governor from John Hay, Esq., Shff. of Lmicasr. 

Co'ty. 

" Lancaster, the 27 Decern'-- 1*763. 
" Sir : 

" Agreeable to your Orders to me when at Philadelphia, I here 
inclose a List of the names of the Indians found killed at the In- 
dian Town in Conestogoe Manor, with the names of the Survivors, 
fourteen in number, whom I found, on my Return, had been col- 
lected and placed in the Work house of this County, by my Son, 
with the assistance of John Miller &Rob'- Beatty (who by appoint- 
ment of Mess''- Hockley & Peters, had the Care of the Indians be- 
longing to the Town), where they are properly taken care of, & fed,. 
k wait for your Honour's further directions relating to them. 

"I, likewise, agreeable to your Order, give herewith, an account 
of the Effects and Papers which have been found, belonging to the 
said Indians, which now remain in the possession of the said Miller 
and Beatty, in trust for the Indians, to witt : 

"Three Horses, 

'^A Writing, or Parchment, purporting an Article of Peace & 
Amity concluded between the Governor of Maryland & the Chiefs 
of the Conestogoe & other Indians. 

" A Writing on Parchment, purporting An Article of Agreement 
between William Penn, Proprietary, &ea., of Pennsylvania, and the 
King of the Indians inhabiting in or about the River Susquehan- 
nah, and other Indian Nations, dated the three & twentieth day of 
the second month, called April, in the Year one thousand, seven 
hundred & one. 

" ' A Letter (which seems to be under the Lesser Seal of the Pro- 
vince), signed W. Keith, dated Philadelphia, May 26, 1719, di- 
rected to Civility, & the rest of the Indian Chiefs at Conestogoe. 

" ' A Letter (which seems to be under the Lesser Seal of the Pro- 
vince), signed W. Keith, dated Philad''-' 5th May, 1719, directed to 
Civility, or Tagotelessa, & the Indian Chiefs at and near Conestogoe. 

" ' A Writing, purporting a Letter, signed James Logan, dated 
the 22nd 4 m°- 1717, directed to Civility, & the other Indian Chiefs 
at Conestogoe. 

" * A Paper (which seems to be under the Lesser Seal of the Pro- 
vince), signed James Logan, purporting An Order of Co-uncil held 
at Philadelphia, Sepf- 28th, 1708, or a Request to the Indians to 
apprehend Nichole Godin, on suspicion of several treasonable Prac- 
tices against the Government. 

" ' And Two Belts of Wampum.' " 



PROVINCIAL COUNCIL. IQ^ 

"Decern^- 27th, 1763, P. M. 
'^' Honoured Sir : 

" Since writing the above, the poor Indians whom we imagined 
■were placed in safety are destroyed. A number of Persons to the 
amount (by their appearance), of fifty or Sixty, armed with Rifles, 
Tomahawks, &ca., suddenly, about Two o' Clock, rushed into the 
Town & immediately repaired to the Work House where the In- 
•dians were confined, & notwithstanding all opposition of myself and 
the Coroner, with many others, broke open the Work House, and 
have killed all the Indians there, being the fourteen mentioned in 
the List to have survived the former Aft'air at their Town. After 
■which they in a Body left the Town without offering any insults 
to the Inhabitants, and without putting it in the power of any one 
to take or molest any of them without Danger of Life to the Per- 
son attempting it; of which both myself and the Coroner by our 
opposition were in great danger. 

" I have since the above affair taken from Mess"- Miller & Beatty 
the above mentioned Papers and Belts of Wampum, which I shall 
keep till I have orders from your Honour, &, any thing further 
that I can find belonging to the Indians, shall be properly taken 
•care of. 

" As it is rumored that the people with a Superior Force intend 
an Attack on the Province Island, with a view to destroy the In- 
dians there, I think proper to mention it to your Honour, & shall 
do all in my power not only to apprehend the Offenders but to pre- 
serve the Peace of the County. 

" I beg your Honours directions, which I shall endeavour punc- 
tually to observe, being 

" Your Honours Most Obed'- Humble Serv'-' 

^' JOHN HAY. 

" To the Hon"^- JOHN PENN, Esq"- Governor of the Province 
of Pennsylvania, &ca." 

List of the Indians killed at the Indian Town in Conestogoe 
Manor : 

Their Indian Names : 

Sheehays Sheehays, 

George Wa-a-shen, 

Harry Tee-Kau-ley, 

A sou of Sheehays, Ess-cauesh, 

Sally, an Old Woman, Toa-wonsha-i-ong, 

A Woman, Kannenquas. 

List of the Indians belonging to the Conestogoe Town in the 
Work House at Lancaster : 
Captain John Kyunqueagoah, 

Betty, his Wife Koweenasee, 

Bill Sack Tenseedaagua, 



104 MINUTES OF THE 

Molly, Lis Wife Kanianguas, 

John Smith Saquies-hat-tah, 

Peggy, his Wife Chee-na-wan, 

little John, Capt. John's Son Quaachow, 

Jacob, a Boy Shae-e-kah, 

Young Sheehays, a Boy Ex-undas, 

Chrisly, a Boy Tong-quas, 

little Peter, a Boy, Hy-ye-naes, 

Moll}'^, a little Girl Ko-qoa-e-un-quas, 

a little Girl Karen -do-uah, 

Peggy, a little Girl Canu-kie-sung. 

The names taken from Peggy, Wife of Jn"- Smith, and ] prae. 
Betty, wife of Captain John. j John Hay. 

Lancas'^' 27th Deeem^- 1763. 

The Council further advised the Governor to write to General 
Gage & Sir William Johnson, and inform them of these riotous pro- 
ceedings, and of the measures taken by the Government to suppress 
them; to desire the General would give directions to the Command- 
ing Officer of the King's Troops, quartered at Carlisle, to support 
and assist the Government in the Execution of the Civil Authority, 
in putting a stop to any Insurrections of the like kind for the future ', 
& to recommend it to Sir William Johnson to acquaint the several 
Tribes of the Six Nations M'ith the murder of the Conestogo In- 
dians by a party of lawless rioters, & with the measures taken by 
issuing Proclamations offering rewards for apprehending the perpe- 
trators of those Barbarities, & to set the whole affair to the Indians 
in its true & proper light, that they may not impute to this Govern- 
ment any Breach of Faith with respect to those Indians. 

Accordingly Letters were prepared by the Governor to General 
Gage & Sir William Johnson, which follow in these Words, viz'- : 

A Letter to His Excellency General Gage from the Governor. 

"Philadelphia, olst December, 1703. 
"Sir: 

" I think it necessary to inform you that on the 14th Instant, a 
number of the Inhabitants on the Western frontiers of this Pro- 
vince, without any authority, assembled in arms & proceeded in a 
a party of between fifty and sixty men to the Indian Town in the 
Conestogoe Manor, in Lancaster County, and there, without the 
least Cause, eruelly put to death Six of the Friendly Indians, who 
had peaceably and inoffensively resided there for many Years past, 
by permission from this Government, and after burning and destroy- 
ing their Houses and Effects, precipitately retired. Upon receiving 
Information of this barbarous Outrage, I immediately dispatched 
Orders to the Magistrates of the back Counties to use their utmost 
Endeavors to apprehend and confine the Offenders, that they might 
be brought to Justice, & likewise issued the inclosed Proclamation. 



PROVINCIAL COUNCIL. 105 

"Notwithstanding ■which, these daring rioters on tlic 27th Inst''' 
again assembled in Arms, & came down in a large Body to the Town 
of Lancaster, broke open the Work House, and murdered fourteen 
of the Conestogo Indians, who had before escaped their Fury, and 
were confined there by the Magistrates for their security. 

" I have been since informed they have threatned to proceed to 
the Province Island, a few miles below this City, to destroy a num- 
ber of other friendly Indians, amounting to about 140, seated there 
by the Government for their protection. I have taken the best 
measures I could for their preservation, but as these lawless rioters, 
flush'd & embolden'd by their Success, and encouraged by their num- 
bers, may possibly carry their insults upon the Government & its 
Laws still further, & raise such Tumults and Insurrections as it 
may not be in my power to suppress without the aid of a Military 
Force ; and as there is too much reason to expect that our Provin- 
cial Troops, if they could be spared, could not be brought to act 
vigorously against their Friends, Neighbours, and relations, I am 
under the necessity of making application to your Excell"*' for the 
assistance of the King's regular Troops in this Province, to support 
the Civil Authority in the Execution of the Laws in case of need, 
and to give a check to these daring attacks upon Government. As 
I understand that three Companies are quartered in Carlisle for the 
Winter, I beg you will be pleased to give directions to the Com- 
manding Officer there, to afford me his best assistance in case the 
present Emergency I apprehend should lay me under the necessity 
of calling those Troops to the aid of the ProAiince, and that he may 
be directed by your Excellency to obey such Orders as I may think 
proper to give him, for the preserving peace and good Order, & 
Supporting and Executing the Laws. 

" I take the Liberty to inclose you a Letter to Sir William John- 
son, to whom I have communicated the above mentioned unhappy 
affair, and desired him to represent it to the Six Nations in its true 
light, that they may not impute any Breach of Faith to this Gov- 
ernment, & beg the favour of you to forward it by the first conve- 
nient Opportunity. 

" I am, with great regard, Sir, 

- "Your Excellency's Most Obedient humble Servant, 

"JOHN PENN. 

" To His ExcelP^ Gen'- Gage." 



A Letter from the Governor to Sir William Johnson. 

" Philad^' 31st December, 17G3. 
" Sir : 

"I think it necessary to inform you, that on the 14th Inst, a 
number of the Inhabitants on the Western frontiers of this Pro- 



106 MINUTES OP THE 

vince, witbout any Authority, assembled in Arras, and proceeded in 
a Party of between fifty & Sixty Men, to the Indian Town in the 
Conestogo manor, in Lancaster County, & there, without the least 
Cause, cruelly put to death Six of the friendly Indians, who had 
peaceably and inoffensively resided there for many years past, by 
Permission from this Government, & after burning and destroying 
their Houses and Effects, precipitately retired. Upon receiving In- 
formation of this barbarous outrage, I immediately dispatched Or- 
ders to the Magistrates of the back Counties, to use their utmost 
Endeavours to apprehend and confine the Offenders, that they might 
be brought to Justice, & likewise issued the inclosed Proclama- 
tion. 

"Notwithstanding which, these daring Eioters, on the 27th In- 
stant, again assembled in Arms, & came down in a large body to 
the Town of Lancaster, broke open the Work House, & murdered 
fourteen of the Conestogo Indians, who had before escaped their 
Fury, and were confined there by the Magistrates for their Se- 
curity. 

" As this affair may be misrepresented to the Six Nation Indians, 
& give them an unfavourable Idea of the Faith of this Government, 
and may moreover be attended with other bad Consequences, I 
must beg you will take the properest method of acquainting them 
with the Truth of this Transaction, & of removing any disadvanta- 
geous Impressions they may have received from an imperfect 
account of the matter. Every good Man must look upon the Con- 
duct of the Perpetrators of these unparelleled Villanies with Abhor- 
rence & Detestation, who, at the same time that they have imbrued 
their hands in innocent Blood, have set themselves above, & violated 
those very Laws under which they themselves derive the Rights of 
Security & Protection. I am preparing a Proclamation, offering a 
high reward for the discovering and apprehending the Ringleaders of 
this Party, and you may be assured that nothing in my power shall 
be wanting to bring them to the Punishment justly due to their 
Crimes. 

" I am. Sir, your most Obed'- hble. Servant, 

" JOHN PENN. 

" To Sir William Johnson." 



Monday the 2d January, 1764. 

This day the Governor issued a Proclamation, as agreed on in 
Council the 29 of last Month, which follows] in these words, 
viz'': 



PROVINCIAL COUNCIL. 107 



" By the Honourable JOHN PENN', Esquire, Lieutenant Gov- 
ernor & Commander-in-Chief of the Province of Pennsylvania^ 
& Coimties of JSewcastle, Kent, & Sussex, on Delaware. 

" A PROCLAMATION : 

" Whereas, on the twenty-second day of December last, I issued 
a Proclamation for the apprehending and bringing to Justice a 
number of Persons who, in violation of the Public Faith, & in De- 
fiance of all Law, had inhumanly killed Six of the Indians who 
had lived on Conestogoe Manor for the Course of many Years, 
peaceably and inoifensively, under the Protection of this Govern- 
ment, on Lands assigned to them for their Habitation. Notwith- 
standing which, I have received Information that on the Twenty- 
seventh of the same Month, a large party of armed Men again 
assembled and met together in a riotous & tumultous manner, in 
the County of Lancaster & proceeded to the Town of Lancaster, 
where they violently broke open the Work House, and butchered 
and put to death fourteen of the said Conestogoe Indians, Men, 
Women, and Children, who had been taken under the immediate 
Care and Protection of the Magistrates of the said County, and 
lodged for their better Security in the said Workhouse, till they 
should be more efi'ectually provided for by Order of the Govern- 
ment : ,^n(l Whereas, common Justice loudly demands, and the 
Laws of the Land, (upon the preservation of which not only the 
Liberty and Security of every Individual, but the being of the 
Government itself depend), require that the above Oftenders should 
be brought to condign Punishment; I have, therefore, by and with 
the advice of the Council, published this Proclamation, & do hereby 
strictly charge & command all Judges, Justices, Sheriffs, Constables, 
Officers Civil and Military, and all other his Majesty's faithful and 
liege Subjects within this Province, to make diligent Search and 
enquiry after the Authors and Perpetrators of the said last men- 
tioned Offence, their Abettors and Accomplices ; and that they use 
all possible means to apprehend and secure them in some of the 
public Gaols of this Province, to be dealt with according to Law. 
And I do hereby further promise and engage, that any Person or 
Persons who shall apprehend & secure, or cause to be apprehended 
and secured, any three of the Ringleaders of the said party, and 
prosecute them to conviction, shall have and receive for each the 
publick reward of Two Hundred Pounds; and any Accomplice, 
not concerned in the immediate shedding the Blood of the said 
Indians, who shall make discovery of any or either of the said 
Ringleaders & apprehend and prosecute them to conviction, shall, 
over and above the said Reward, have all the weight and influence 



108 MINUTES OF THE 

of the Government for obtaining his Majesty's Pardon for his 
Offence. 

" Given under my hand and the Great Seal of the said Province, 
at Philadelphia, the second day of January, in the fourth Year 
of His Majesty's Reign, & in the Year of our Lord, one thou- 
sand seven hundred & Sixty-four. 

"JOHN PENN. 
" By His Honour's Command. 

"Joseph Shippen, Jun""' Secretary. 

"GOD SAVE THE KING." 



At a Council held at Philadelphia, the 3rd January, 1764, 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

Benjamin Shoemaker, Richard Peters, ") -p, „. 

William Logan, Lyuford Lardner, | ^ 

The Governor laid before the Board a Letter which he received 
last Night by Express from Edward Shippen at Lancaster, inclosing 
a Copy of an Anonymous Letter, dated the 31 December, inform- 
ing that many of the Inhabitants of the Townships of Lebanon, 
Paxtou, and Hanover, in Lancaster County, were forming themselves 
into a Company of 200 Men, to March to Philadelphia, with a de- 
sign to kill the Indians on the Province Island, & that many of the 
Farmers near the Mountain had contributed largely to defray the 
Expences of such of them as were not able to procure Horses, and 
pay their charges, &ca. 

" While this matter was under the Consideration of the Board, 
& a Message was preparing to lay before the Assembly on this oc- 
casion, The Governor received a Verbal Message from the House, 
by two Members, letting him know that they had under their Con- 
sideration Ways and Means for raising Money for the Troops voted 
by them, and desired the Governor would lay before them an Esti- 
mate of the Expences attending that service; & further, they ac- 
quainted the Governor that they had been informed that some fresh 
barbarous murders had been committed on the Indians at Lancaster, 
and had seen his proclamation for apprehending the Offenders, and 
were desirous to strengthen his hands on this occasion. 

Then was prepared the following Message to the Assembly, which, 
being read and approved, was ordered to be carried by the Secretary 
to the House, with the Letter therein referred to : 

f A Messaije from the Governor to the Jlssemhli/ . 

" Gentlemen : 

" I was preparing a message to inform you of the cruel Mas- 
sacre of the Indians, in the Work House of the Borough of Lan- 



PROVINCIAL COUNCIL. 109 

caster, on the twenty-seventh of last Month, by a wicked and law- 
less set of Rioters, when I received a Message by two of your 
Members, that you were already made fully acquainted with the 
particulars of that horrid Scene of Barbarity, and insolent and dar- 
ing violation of the Laws. The Letters which I have ordered here- 
with to be laid before you, prove that the party who perpetrated 
this outrage do not intend to stop here, but are making great addi- 
tion to their numbers, and are actually preparing to come down in 
a large Body and cut off the Jndians seated by the Government on 
the Province Island; and it is difficult to determine how far they 
may carry their designs, or where the mischief may end. 

" You must be sensible, G-entleraen, that the civil power alone is 
incapable of frustrating the attempts of those abandoned and des- 
perate Persons, and that no means can be effectual, but the oppos- 
ing force by force. It is, moreover, particularly unfortunate at this 
time, that we have no Funds out of which the expence of levying 
men to strengthen the hands of Government, and protect the In- 
dians, might be defrayed. 

"As a moment's time is not to be lost, I must beg ycur serious 
and immediate attention to this important affair, and hope that, by 
a Bill in all respects adequate to the present Exigency, you will 
furnish me with full powers to repel those bold Invaders of Law 
and Justice, & support the Honour & Dignity of the Govern- 
ment. 

"JOHN PENN. 

" January 3rd, 1764." 



At a Council held at Philadelphia, Wednesday 4th Jan'- 17G4. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &ca. 

William Logan, Richard Peters, > ^^ 

Lynford Lardner, '^Esquires. 

A Message from the Assembly, in answer to the Governor's Mes- 
sage of yesterday, was read in these words : 

Jl Message to the Governor from the Assembly. 

" May it please your Honour : 

"The House have given their "most serious and immediate 
Attention to the important Affairs" laid before them in Your Hon- 
our's Message of this afternoon, and considering that the military 
Force of this Province is at present engaged in the defence cf our 
long extended Frontier, by your Honour's orders, have unanimously 
entered into a vote of Credit that they will make Provision for do- 



aaO MINUTES OF THE 

fraying the Expence of such additional Force as the Governor 
& present Provincial Commissioners shall find necessary to Frus- 
trate the further wicked Designs of those lawless Rioters who have 
perpetrated the most inhuman murders on the poor defenceless In- 
dians, ancient Friends of this Province, and living under the Pro- 
tection of its Grovernmentj And they, with pleasure, acquaint your 
Honour that they are just now informed a considerable sum has 
lately been paid into the hands of the Treasurer, which maybe im- 
mediately applied to the purpose of "repelling those bold invaders 
of Law and Justice, & supporting the Honour and Dignity of the 
Government," and which will probably be sufficient, 'till such a Bill 
as your Honour recommends, can be prepared and considered. 
"Signed by Order of the House, 

"ISAAC NORKIS, Speaker. 
" January 3rd, 1764." 

The Council considered what was further to be done for the Se- 
curity of the Indians on the Province Island, and after weighing 
every thing that was proposed, the Council were of Opinion, that as 
the Indians themselves requested they might be put under a proper 
Convoy, and sent to Sir William Johnson, this was the best mea- 
sure that could, at present, be taken, and the Commissioners agree- 
ing to defray the Expence that would arise on this Service, it was 
concluded that no time should be lost in getting things ready 
for their departure early to-morrow morning. 

It was particularly fortunate that there was in Town a Detach- 
ment of Highlanders, under the command of Capf- Robinson, on 
their March to New York, who, at the instance of the Governor, 
readily agreed to escort them as far as that City. 

It was further thought advisable that proper Letters should be 
sent to Sir William Johnson, Gen'- Gage, Governor Colden, and 
Gov"'- Franklin. Mr. Logan offered his Service to go to Burlington 
& Trentown, to procure Passports for the Indians, & to do every thing 
that might be necessary for their safe conduct thro' the Province of 
New Jersey. 



Thursday, the 5th January, 1764. 

This day the Governor wrote the following Letters to Gen'- Gage, 
Sir William Johnson, Governor Colden, and Governor Franklin : 

A Letter to General Gage from the Governor. 

" Philadelphia, 5th Jan^' 1764. 
" Sir : 

"Since my Letter of the 31st of last month, we have been every 
day alarmed with accounts that those wicked People who commit- 



PROVINCIAL COUNCIL 111 

ted the outrages mentioned in that Letter, were directing their 
inarch towards this City, in order to kill about 140 Indians that I 
placed for their Security in an Island at the Mouth of Schuylkill. 
We could easily defend these Indians, but as they have earnestly 
entreated to be no longer detained from their Families, and to be 
sent to Sir William Johnson, I have- consented to it, that their 
minds may be quieted, & Sir William have an opportunity of rep- 
resenting this matter to the Nations in the most favourable 
manner. 

" I have put them under the Escort of Capt. Robinson, who is 
now on his march from hence to New York with a Detachment of 
Highlanders, and very kindly ofiered me his Service on this pressing 
Occasion. 

"I am, Sir, 

" Your most Obedient, humble servant, 

"JOHN PENN. 

"To His Excellency Gen' Gage." 



A Letter from the Governor to Sir William Johnson. 

" Philadelphia,, 5th January, 17o4. 
" Sir : 

" Since my writing to you on the 31 last month, I have had in- 
telligence that the riotous Parties, which I then informed you had 
murdered all the Conestogo Indians, are again assembling them- 
selves in much greater numbers on the Frontiers, and have given 
out that they will come & destroy about 140 other friendly Indians, 
who have, for the most part, lived several Years at Bethlehem and 
Nazareth, & have been lately removed into the neighbourhood of 
this City for their better Security. But tho' I could easily have 
afforded them a sufficient Protection, yet I chosen to gratify them in 
their desire to be sent to you; and have this day embraced the 
favourable opportunity of sending them off under the Convoy of 
Capt"- Robinson's party of Highlanders, now on their march to 
New York. I have wrote to General Gage & Governor Colden, to 
desire they will be pleased to give directions that they may proceed 
from thence without molestation, through that Government, till 
they shall arrive at your House. 

" I had two reasons for gratifying these Indians in their request; 
the one, that they might be rendered easy in their minds, & the 
Wighalousin Indians get home to their Families, who will imagine 
them put to death, as they will hear what has been done at Lan- 
caster ; the other, that by them you may have an Opportunity of 
representing this violent Outrage as done in defiance of Govern- 
ment, & that I have issued Proclamations ; my second, being in- 
closed, to apprehend and bring to Justice all that are concerned in 



112 MINUTES OF THE 

those barbarous murders. I have earnestly pressed the Assembly 
to form a Bill that shall put it in the power of the Government, 
for the future, to prevent & punish such Enormities as these ; and 
I hope they will think it now high time to establish a proper mili- 
tary Law. 

" I am, Sir, 

" Your most Obedient, humble Servant, 

"JOHN PENN. 
" To S'- William Johnson, Bar'" 



^ Letter from the Governor to the Govr. of New York. 

"Philadelphia, 5th January, 1764. 
" Sir : 

" Our back Inhabitants who have indeed suiFered a great deal 
by the Indian War, have got it into their heads that one Indian should 
not be sutTered to live among us, and have carried their liesentment 
so far as to go and kill some Indians who lived under the Faith k 
Protection of the G-overnraent for Sixty Years in an Indian Town, 
near Lancaster. Not content with this barbarous outrage, they, in 
the open day time, march'd into that Town, and there murdered 
fourteen more Indians who were put in there by the Magistrates for 
their Security, & after perpetrating these horrid Violences, these 
lawless people have even threatned to come and kill a number of 
Indians that I gave leave to sit down in an Island on Schuylkill, in 
the Neighbourhood of this City. 

"This might have been easily prevented, as there are Arms and 
Men enough, who would not have suffered such a monstrous invasion 
of all Law and Order; but these Indians, who are of a mild disposi- 
tion, desired they might be permitted to go to Sir William John- 
son's, from whence they could be easily sent to the heads of the Sus- 
quehanna, where they have a good acquaintance. 

" On considering their request, it appeared to the Council that 
this would not only tend to the quieting the minds of the Indians, 
which were much disturbed at their Situation &; long absence from 
their families, who live on Susquehanna, but also be a means of 
having this matter communicated to the Six Nations & to the several 
Tribes of friendly Indians in the most favourable manner. 

" Satisfied of the advantages arising from this measure, I have 
sent them thro' Jersey and your Government to Sir William John- 
son, & desire you will favour them with your protection & counte- 
nance, & give them the proper Passes for their Journey to Sir 
William's Seat. 

" I have recommended it in the most pressing Terms to the As- 
sembly to form a Bill that shall enable me to apprehend these Sedi- 



PROVINCIAL COUNCIL. 113 

tious & barbarous Murderers, and to quell the like Insurrections for 
the future. 

" I am, Sir, 

" Your most Obedient Humble Servant, 

" JOHN PENN. 
''To Governor Golden, at New York." 



•^ Letter /rem the Governor to Governor Franlclin. 

" PniLADELrHiA, 4th Jan^^" 1764. 
^'Sir: 

" A number of Friendly Indians, who have been lately taken 
under the protection of this Government, & seated for their Security 
on the Province Island, being under great apprehensions of being 
destroyed by a set of lawless Rioters on the Frontiers of this Pro- 
vince, who have already put to death all the Conestogo Indians, 
have requested me to send them up to Sir William Johnson. 

" As I am willing to comply with their request, I have taken the 
opportunity of putting them under the guard of Capt"- Robinson's 
Detachment of Highlanders, who are now on their March to New 
York. 

" I beg you will give the necessary orders, that they may pass 
with safety thro' your Government, and furnish them with such 
passports as you may think proper. 

" I am. Sir. Your most Obedient humble Servant, 

"JOHN PENN. 

" His Excell' • Governor Franklin." 



Monday, 9th January, 1764. 

The Governor having last Saturday received a Letter from the 
Right Honourable the Earl of Halifax, one of His Majestie's Prin- 
cipal Secretaries of State, laid the same before the Assembly, ac- 
companied with a Message, in these words, viz'- : 

A Message from the Governor to the Assembly. 

" Gentlemen : 

" On Saturday last I was favoured with a Letter from the Right 
Honourable the Earl of Halifax, one of His Majesty's principal 
Secretaries of State, dated the 19th October last, which, as it is ex- 
pressive of the Judgment the King has formed of the late Conduct 
of the Legislature of this Province, founded on advices and dis- 
patches from Sir Jeffery Amherst, and points out what part his Ma- 
VOL. IX. — 8. 



114 MINUTES OF THE 

jesty expects the General Assembly of this Province will act in 
raising & paying Troops, to be employed not only in defending our 
Frontiers, but offensively, against the Savages, in such manner and 
at such places as the Commander-in-Chief shall judge necessary to 
direct. I thought it my duty to communicate it to you without 
delay, and I have accordingly ordered the Secretary to lay it before 
you. 

"JOHN PENN. 
« January 9, 1764." 



A Letter from the Right Ilonourahle the Earl of Halifax to the 

Governor. 

" S^ James's, October 19, 1763. 
"Sir: 

" The King having observed, upon perusal of the dispatches lately 
received from Sir Jeffery Amherst, that notwithstanding the Insur- 
rections of the Indian Nations have so long been increasing, and 
now bear the appearance of becoming general, the Legislature of 
Pennsylvania have nevertheless inflexibly persisted in refusing or 
neglecting to pay any Regard to the pressing instances with which 
Sir JefiFery has repeatedly urged them to contribute to the general 
Defence of the Country, and Annoyance of the said Indians, by 
raising and employing a competent number of Troops. His Majesty 
has commanded me to express to you his Surprize and Displeasure 
at a Conduct so inconsistent with the Security of the Lives and 
Properties of his Subjects in Pennsylvania in particular, as well as 
to the duty they owe to the public Safety in general ; And I am 
further to signify to you His Majesty's pleasure, that you do recom- 
mend it to the General Assembly of the Province under your Gov- 
ernment, in His Majesty's name, to make provision, without further 
delay, for raising & paying such a reasonable number of Men as 
the actual state of the War may require, to be employed, not only 
in protecting and defending the Frontier? of Pennsylvania, but in 
acting offensively against the Savages, in such manner, and at such 
places, as Sir Jeffery Amherst shall judge necessary to direct. This 
is the Conduct which His Majesty, in such a time ot general Danger, 
has a Right to expect from His Colonies. This is the Conduct of 
which Virginia set the laudable Example, by calling out & marching 
a Thousand of her Militia upon the first requisition of the said 
Commander-in-Chief; And such a mark of Zeal and Duty his Ma- 
jesty does require & expect from the Province of Pennsylvania, and 
from other His Colonies in North America. 

'' I am, with great Truth & Regard, Sir, 

" Your most Obedient humble Servant, 
<' DUNK HALIFAX." 



PROVINCIAL COUNCIL. 115 

January 11th, 1764. 

The Governor received sundry Letters from the Governors of 
Massachusetts Bay, Khode Island, & New York, desiring the several 
Quotas of Money, relating to the money that was received by the 
Province of Pennsylvania, more than their share of the Parliamentary 
Grants, the same were laid before the House, with the following 
Message. 

A Message from the Governor to the Assembly. 

" Gentlemen : 

'' My Predecessor, Mr. Hamilton, by a Message, dated the 20th 
of September last, informed the then Assembly that the Agents for 
this Province in London, had received out of the Parliamentary 
Grant in the Year 1761, the sum of Ten thousand nine hundred & 
forty-seven Pounds Sterling more than the distributive share justly 
due to us from our Quota of Men raised for the King's Service in the 
Year 1760, which sum was agreed by the said Agents, to be due to 
several of our Neighbouring Colonies, who had received less than 
their true proportion out of the said Grant for that Year. I now 
lay before you a Copy of the minutes and Agreement of all the 
Agents impowered to receive the money granted by Parliament to 
the Colonies of North America, for the Services performed by them 
in the Year 1700, which set this matter in a clear Light, and shew 
to what particular Colonies, and in what Proportions the above men- 
tioned sum is to be repaid by this Province. I also have ordered 
to be laid before you several Letters which have been received from 
the Governments of the Massachusetts Bay, Rhode Island, and 
New York, demanding the payment of their respective Quotas, and 
earnestly recommend it to you to make Provision, during the Course 
of the present Session, for the discharge of this Debt, & thereby 
comply with the Engagements which you will perceive our Agents 
have entered into for that purpose. 

"JOHN PENN. 

" January 11th, 1764." 



Eodem die, P. M. 

Two Members of Assembly waited on the Governor with a verbal 
Message that the House desired to know whether he had any In- 
structions from the Proprietaries relating to raising Supplies and 
emitting Bills of Credit, and requested a Copy of them; To which- 
the Governor ansveered, that he had Instructions on this head, which 
he would furnish them with to-morrow. They also delivered to the- 
Governor a Message from the Assembly, which follows in thesa 
words, viz'-: 



116 MINUTES OF THE 

A Message to the Governor from the Assemlli/. 

" May it please your Honour : 

" In answer to your Honour's Message of this Morn^' concerning 
the Debt of this Province to some of the other Colonies, we beg 
leave to acquaint you, that having found on the Minutes of the 
last Assembly the same matter earnestly recommended by the then 
House, to the consideration of the present Assembly, we had some 
days since, ordered a Bill to be brought in for discharging that 
debt, which Bill has accordingly been brought in and read, and is 
now under the Consideration of the House, we being truly desirous 
that the Engagements entered into by our Agents, should be hon- 
ourably discharged as soon as possible. 

" Signed by Order of the House. 

" ISAAC NORRIS; ^ealcer. 
"January lltb, 1764." 



At a Council held at Philadelphia^, on Thursday, the 12th Jan^- 
1764. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gov- 
ernor, &ca. 

James Hamilton, Richard Peters, ) -p 

Lynford Lardner, Benjamin Chew, j ^ 

Richard Penn, Esquire, took and subscribed the usual Oaths and 
Declarations to the Government, and then took his Seat as a iMem- 
ber of Council. 

The following Message to the Assembly was then prepared & 
approved, & the Secretary was ordered to carry the same to the 
House this forenoon, with a Copy of the 11th and 12th instruc- 
tions from the Proprietaries, relating to a Paper Currency. 

A Message from the Governor to the Assembly. 

•" Gentlemen : 

" I received a verbal Message from you Yesterday, desiring to 
be informed whether I had any Instructions from the Proprietaries 
respecting raising Supplies & emitting Bills of Credit in this Pro- 
vince, & of what Nature such Instructions were. 

"Though this is not a matter of right, yet to demonstrate to you, 
Gentlemen, my willingness to oblige you and to do every thing in 
my power to avoid unnecessary disputes, I now send you a Copy of 
any Instructions on this head. 

"JOHN PENN. 

" January 12th, 1764." 



PROVINCIAL COUNCIL. 11' 



A Copy of the Eleventh & Twelfth Instructions from the Proprie- 
taries to the Governor. 

" XI. Whereas, all money raised for publick services should 
be disposed and applied by the Law which raises the same, & such 
was the ancient practice in the said Province ; You shall, tharefore, 
aot give your assent to any Bill or Act of Assembly for the Emitting 
or Re-Emitting, or continuing any paper Currency, or Bills of 
Credit in the said Province, unless in such Bill or Act of Assem- 
bly, it shall be enacted that the whole of the Interest money to 
accrue, arise and become payable from the Loan of all such Paper 
Currency, shall be clearly and with certainty disposed of, and no 
part thereof left to be disposed of at the Discretion of the Assem- 
bly only J Nor shall you give your Assent to any Law for prolonging 
the present Excise, or laying any other Excise, or raising any money 
■on the Inhabitants of the said Pi'oviace of Pennsylvania, unless in 
all such Acts it be enacted that all money thereby raised, shall 
clearly & with Certainty be disposed of, and no part thereof left 
to be disposed of at the Discretion of the Assembly only. 

"XII. Whereas, in the Twelfth Year of his late Majesty's 
Reign, the whole sura in Paper Bills, or Bills of Credit of the said 
Province, amounted oaly to the suui of Four score thousand Pounds 
Proclamation Money, or thereabouts; but the same is now swell'd 
and increased to a great & enormous sura ; and although a reasona- 
ble quantity of Paper money or Bills of Credit in American Pro- 
vinces, tends greatly to the benefit of those Provinces and the In- 
habitants thereof, as well as of the Trade of Great Britain, yet too 
large a quantity hath heretofore in other Colonies, and may in 
Pennsylvania become greatly detrimental to the Trade and Credit 
of the same and prejudicial to the Persons having dealings there ; 
We, therefore, recommend it to you to use your utmost endeavours 
to keep the quantity of Paper Money or Bills of Credit current 
from time to time, in the said Province, as low as possible ; and iu 
case you shall judge it expedient and necessary to consent to any 
new Bill, either for creating, emitting, continuing, or remitting 
any Quantity of Paper Money or Bills of Credit, you are to con- 
form yourself to the Agreement made between us and the Agents 
of the Assembly of Pennsylvania, which was ratified by his late 
Majesty in Council, & entered in the Council Books in the Year, 
1760 ; and you are effectually to take care that such Paper Money, 
or Bills of Credit, shall not be capable of being made a Tender, 
or any satisfaction, or discharge for any Quitrents, or other sterling 
Payments, due or to become due to us', but that all such Rents k, 
Payments, shall be paid either in Sterling Money, or according to 
the Course of Exchange between the said Province of Pennsylvania 
and Great Britain at the times of Payment, or according to the 
Tenor of the respective Grants & Res.crvations of such Rents ; or 



118 MINUTES OF THE 

else that some such equivalent be enacted for our indemnity, against 
any loss by such paper money as was heretofore enacted by Act of 
Assembly of the said Province of the Twelfth Year of the Reign 
of his late Majesty, always provided, that on every such Bill strict 
regard be had on our foregoing Instruction, N"- 11.'' 

The Governor laid before the Board a Letter from His Excellency 
General Gage, dated the 6th Instant, in answer to His Honour's 
Letter of the 31st Ult"- inclosing an Order to the Commanding 
Officer of the King's troops at Carlisle to aid this Government in 
Support of the Civil Authority, both which were read & ordered to 
be entered on these Minutes. 

A Letter to the Governor from General Gage. 

New York, Jan='- 6th, 1764. 
« Sir : 

" Your favour of the 31st Dec'- came to my hands Yesterday, to- 
gether with your Proclamation & Letter to S'' W"' Johnson, which 
last shall be forwarded by first Opportunity. 

" I expect three compleat Companies of the 1st Battalion of the 
Royal American, now on their March from Albany, will arrive here 
in three or four days, and I shall give them orders to proceed to 
Philadelphia, there to wait your further Orders. This is the mo&t 
expeditious support I can send to you, but in case you should not 
judge this Force sufficient to aid and protect the civil Authority, I 
herewith transmit you an order addressed to the Officer command- 
ing at Carlisle, which you will make use of or not, as you shall 
see convenient. I am with great Regard Sir, 

" Your most Obedient, hum'"- Serv'-- 

" THO^- GAGE. 

" To Hon. Lieut'- Gov'- Penn." 



Gen^l. Gage's Order to the Command' g Officer at Carlisle. 

By His Excellency the Honouralle THOMAS GAGE, Major 
Generals Commander-in-Chief of all His Majesty's Forces in 
North America^ &ca., dxa., &ca. 

To the Officer Commanding His Majesty's Forces at Carlisle. 

"The Honourable L'- Governor Penn having made Application 
to me for the Assistance of the King's Troops in the Province of 
Pennsylvania to support the Civil Authority in the execution of 
the LawS; You are hereby directed and required to pay due obe- 



PROVINCIAL COUNCIL. 119 

dience to all such Orders as Governor Penn shall judge necessary 
to transmit to you, to effect the above mentioned purpose. 
*' Given under my hand at Head Quarters in New York this Gth day 
of January, 1764. 

"THO'GAGE. 
" By His Excellency's Command. 
" G. M ATUKIN." 



At a CouEcil held at Philad*' on Monday, the 16th January 
1764. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 



Esq" 



Benjamin Shoemaker, Benjamin Chew, 

Richard Peters, Lynford Lardner, 

The Governor laid before the Board a Bill which the Assembly 
had sent him for his Concurrence, entituled "An Act for the pay- 
ment of £10,947 Sterling, in certain proportions, to several Colo- 
nies in America," & the same being read, was referred to a further 
Consideration. 

The Governor laid before the Board a Letter of the 10th Instant 
be received on Friday last, from his Excellency General Gage, ac- 
quainting him that the Lieutenant Governor of New Yoi'k, by the 
advice of his Council, had determined not to receive the Indians 
now on their March thither, within his Government, nor suffer them 
to pass through that Province, & had issued Orders accordingly ; 
As, also, a Letter of the same date, received yesterday, from Gov' 
Golden, with a Copy of the Minutes of the Council Board of New 
York, upon the same subject, all which were read in their Order, 
and are as follow : 



"Sir 



A Letter from General Gage to the Governor. 

"New York, Jan>- 10th, 1765. 



" Lieu*- Gov'- Golden will, no doubt, inform you of the advice of 
the Council assembkd to coiisicier your Letter of the 5 Inst., re- 
specting the Indians you have lately sent from Philadelphia, under 
the escort of Capf- Koberson, of Montgomery's Regiment, which 
is not to receive the Indians within this Government, or suffer them 
to pass through the Province, but to issue the proper Orders to the 
Justices and Magistrates of Richmond County to stop& cause them 
to return ; And Lieut. Governor Coldea acquaints me by Letter, that 
he was preparing Orders to prevent their being admitted into this 
Proviqce. As you thought it advisable to put them under the care of 



120 MINUTES OF THE 

the Military, they shall not be abandoned by the escort, 'till re- 
turned to you in safety; I have, therefore, sent Orders to Capt. 
Robertson to return with them to Philadelphia, in case the Orders 
reach hira within a day or two Day's march of that City ; But if he 
receives the Orders at Brunswick, or on this side Brunswick, to halt 
'till I send some Companys of the Royal American Regiment, whom 
I expect here this day, to relieve him ; And those Companys will 
escort the Indians back to Philadelphia, and receive any Orders 
you shall judge proper to give them. In the mean time, Capt. 
Robertson is directed to protect them from any Violence which may 
be offered them, and to apply to the Magistrates where he shall be 
to supply them with Provisions, which, if demanded, I suppose the 
Province of pennsyl^- will repay. I had the Honour to receive your 
Letter of the 5th Inst., on this Subject, yesterday at noon. I am^, 
with great regard, 

'' Sir, Your most Obed'- humble Serv'' 

" THOS. GAGE. 
"Hon""- Gov^- Penn." 

A Letter to the Governor from Governor Golden. 

"Fort George, New York, Jan^" 10th, 1764. 
"Sir: 

" Yesterday about one afternoon I received your Letter of the 5th 
Instant, and immediately called his Majesty's Council of this Pro- 
vince for their advice thereon ; the result thereof you will see by 
the inclosed Minute of Council. I have accordingly sent Orders to 
the Magistrates of Richmond County not to suffer these Indians to 
enter this Province. 

" The Indians on the East side of the Susquehanna are the most 
obnoxious to the Peopfe of this Province of any, having done the 
most mischief. They consist of a number of rogues and thieves, run- 
aways from the other Nations, and for that reason not to be trusted. 
I could not be assured that these Indians can safely pass through 
this Province without an Escort, which would with great ditHculty 
and expence be obtained at this Season of the Year. The minds of 
the people are so generally irritated against the Indians living on 
the North East Branches of Susquehanna, that a number of Volun- 
tiers were proposed to me to go out against them to punish them for 
their Cruelties & perfidy. If you shall think proper to send two of 
these Indians with some discreet person to conduct them to Sir Wil- 
liam Johnson, they shall have my pass for that purpose. 

" I think it a misfortuue that our Correspondence should begin 
in this manner, for I am sincerely and heartily disposed to serve the 
people of Pennsylvania, & you. Sir, may be assured that I am with 
the greatest regard and respect, Sir, 

" Your most Obed' & most hum'" Serv'- 

"CADWALLADER COLDEN. 
" Hon'^ Lieut' Gov^ Penn." 



PROVINCIAL COUNCIL. 121 



At a Council held at Fort George, in the City of New York, on 
Monday the 9th day of January, 1764. 

PRESENT : 

The Honoble. CADWALLADER COLDEN, Escf- Lieutenant 
Governor, &ca. 

Mr. Horsemanden, Mr. Walton, 

Mr. Smith, Earl of Stirling, 

Mr. Watts. 

His Honour, the Lieutenant Governor, communicated to the 
Council a Letter of the 5th Instant, from the Honourable John 
Penn, Esq'"' Governor of Pennsylvania, representing that the back 
Inhabitants of that Province had carried their resentment against 
the Indians so far as to kill some who had lived under the Faith 
and Protection of that Government for Sixty Years, in an Indian 
Town near Lancaster. That not content with this barbarous Out- 
rage, they in open day time march'd into that Town, and there mur- 
dered fourteen more Indians, who were put in there by the Magis- 
trates for their Security, and after perpetrating these horrid Vio- 
lences, had even threatned to come and kill a number of Indians 
that he gave leave to sit down in an Island on Schuylkill, in the 
neighborhood of Philadelphia. That this might have been easily 
prevented, as there are Men and Arms enough — but that these In- 
dians are of a mild and peaceable disposition, desired they might 
be permitted to go to Sir William Johnson's, from whence they 
could easily be sent to the heads of the Susquehanna, where they 
have a good acquaintance. That on considering of this request, it 
appeared to the Council that this would not only tend to the quiet- 
ing the Minds of the Indians, who were much disturbed at their 
Situation & long absence from their Families, who live on Susque- 
hanna, but also be a means of having this matter communicated to 
the six Nations and to the several Tribes of Friendly Indians, in 
the most favourable manner; and, that satisfied of the advantages 
arising from this measure, he hath sent them thro' Jersey and this 
Government to Sir William Johnson, and desires his Honour will 
favour them with his Protection & countenance, and give them the 
proper passes for their Journey to S' William's Seat. 

"And his Honour having been pleased to require the Opinion 
and Advice of the Board thereupon, the Council expressed their 
surprize that the Government of Pennsilvania should, without pre- 
viously consulting this Governraen'' order so great a body of In- 
dians, in number about one hundred & forty, to pass into this Pro- 
vince ; a measure which the Council conceive, could not but excite 
the greatest uneasiness at this time among the Inhabitants, and 
which appears the more unadvisable as the permitting these In- 
dians to return to their Families on the Susquehanna, would be 
adding greatly to the strength of a people, from whom His Ma- 



122 MINUTES OF THE 

jesty's Subjects have already suffered so mucli ; tha^t this Goverment 
are rather disposed to attack & punish, thau to support and protect 
thena, whom they still consider as their Enemy ; That the Island on 
which these Indians were before seated, appears to the Council a 
place equally well adapted to their Security and Protection as any 
within this Province. And, therefore, the Council unanimously 
advised his Honour not to receive the said Indians within this Gov- 
ernment, or to suffer them to pass thro' the Province, but to issue 
the proper Orders to the Justices and magistrates of Richmond 
County, to stop and cause them to return. 
" A true Copy. 

" G. BANYAR, 
"D. W. CON." 

The Council having taken the said Letters into Considera- 
tion, advised the Governor to lay them before the Assembly, and 
desire, by a Message, their Opinion & Advice as to the manner in 
which the Indians can be most effectually secured & protected for 
the future. 

Accordingly, the following Message was immediately prepared, 
read, and approved, and the Secretary was ordered to carry it to the 
House this A.fternoon, with the several Letters it refers to. 

A Message from the Governor to the Assemhli/. 

*' Gentlemen : 

" The Indians, who were lately seated by the Government on the 
Province Island, were, at their own earnest request, sent off in a 
body by me, under an Escort, on the 5th Instant, with an Intention 
of removing them thro' the Governments of New Jersey and New 
York to Sir William Johnson, to whose care and protection, as they 
were not in a State of Security here, I recommend'd them. 

" I took the precaution of acquainting the respective Governors 
of those two Provinces with this measure, and requested that they 
would be pleased to permit them to proceed unmolested, and fur- 
nish them with passports. The Governor of New Jersey, with 
great politeness & kindness, complied with my request; but to my 
great surprise, I received a Letter Yesterday, from the Lieutenant 
Governor of New York, acquainting me that he, by the advice of 
his Council, had forbid their entrance into that Province. Being 
thus disappointed, I am under the Necessity of ordering those poor 
Creatures to return again to this Government, & am heartily dis- 
posed to do every thing in my power to afford them that protection 
& security which, under their Circumstances, they have an un- 
doubted right to expect and claim from us, and shall be glad of 
your opinion and advice in what manner this can most effectually 
be done. I have ordered the Secretary to lay before you Governor 
Colden's Letter, a Copy of the Minutes of the Council Board of 



PROVINCIAL COUNCIL. 123 

New York on the occasion, & a Letter I received from General 
Gage, the latter of which will shew how much we are obliged to 
the General for the kind part he has taken in this matter. 

''JOHN PENN. 
" January 16th, 1764." 



At a Council held at Philad*- on Monday, 23rd Jan^' 1764. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

James Hamilton, Benjamin Chew, ^ 

William Logan, Lynford Lardner, (Esquires. 

Richard Peters, Thomas Cadwalader, \ ^ 

Richard Penn, J 

The Governor laid before the Board a Message he received last 
Week from the Assembly, which was read and follows in these words, 
viz'-: 

.3 Message to the Governor from the Assembly. 

" May it please your Honour: 

'' We have taken into our Consideration your Honour's Message 
of the Sixteenth Instant, with the Letters therein referr'd to, and 
are pleased to find the Governor so heartily disposed to aiford the 
Indians he mentions 'that protection and security which, under 
their Circumstances, they have an undoubted Right to expect and 
claim from us.' We should be very glad, if it was in our power, 
' to point out the manner in which this can most effectually be done,' 
but as our Opinion must be founded on the Information we have 
received, we can only mention such measures as appear to us at 
present to be most reasonable, submitting our sentiments to the 
Judgement your Honour may form from any Intelligence you have 
since received, or any Circumstances that may hereafter happen. 

" We observe, with particular pleasure, ' the Kind part General 
Gage has taken in this matter,' in protect^- these Indians, and di- 
recting the E.scort on their arrival in this City, to receive ' such 
Orders as you shall judge proper to give them.' 

"As this humane and prudent step of the General is equally 
calculated to secure these unhappy people, and preserve the internal 
Peace of this Province, while our own Troops are engaged in the 
Defence of our Frontiers, we shall be obliged to your Honour, if 
you will please to return his Excellency our Thanks for this gene- 
rous & seasonable act of Goodness. 

" The Indians, we apprehend, will be sufficiently protected by 
the Companies that compose this Escort, while they remain here. 



124 MINUTES OF THE 

When these Companies march from hence, if there should appear 
to be the same danger of any outrage being committed against these 
Indians that there seems to be at present, we are of Opinion, that 
it will be advisable for your Honour to lodge them in some place 
where they can be most easily & conveniently guarded by an Armed 
Force, to be raised by your Honour for that purpose. 

" It will be with the utmost regret, we shall see your Honour 
reduced to the necessity of pursuing these Measures, but with an 
Abhorrence altogether inexpressible, we should behold ' these poor 
Creatures,' who, desirous of living in friendship with us, as proofs of 
this Disposition, quitting a Settlement that made them suspected & 
surrendering their Arms, have delivered themselves, their Wives, 
and Children, into our power, on the faith of this Province, barba- 
rously butchered by a sett of Ruffians, whose audacious cruelty is 
checked by no sentiment of Humanity, and by no regard to the 
Laws of their Country. 

" Such a massacre, we have reason to expect, from the Persons 
who perpetrated such shocking Barbarities in Lancaster County, and 
their Abettors, unless they are deterred by a vigorous exertion of 
power, which never can be more properly employed than in vindicat- 
ting the Honour & Dignity of a Government enforcing an Obedience 
to the Laws, and repressing the dangerous insolence of tumultuous 
Insurgents, who, guided by a blind rage, undertake by open force to 
controul the conduct of the Administration & counteract the best 
concerted measures for the General Good. 

'' It will therefore be agreeable to us that your Honour would be 
pleased to order the Sheriff &. Coroner of Lancaster County, and the 
Magistrates of that Borough, to come down and give you the best 
information that can be obtained of the Persons concerned in these 
violences, that they being discovered and apprehended, due punish- 
ment may be inflicted on such daring disturbers of the Public Peace. 
"Signed by Order of the House. 

"ISAAC NORBIS, Speaker. 

« January 20th, 1764." 

Which Message was taken into Consideration, but sundry diffi- 
culties occurring as to the advice & sentiments of the Assembly, 
the same not being practicable, the full consideration of this matter 
was referred to the next meet'- of Council. 

The Governor then informed the Board that on Saturday Morn- 
ing last he Received a Letter from Captain Schlosser of the Royal 
American Regiment, dated the 20th Instant, acquainting him that 
being charged by General Gage to take under his care the Indians 
which he should find at Amboy, he had proceeded with them as far 
as Trentown, where he should wait for the Governor's further In- 
structions concerning them. His Honour also informed the l^oard 
that he had wrote to Capt"- Schlosser to desire him to halt at Tren- 
town till Monday, & then March with the Indians to this City. The 



PROVINCIAL COUNCIL. 125 

Governor thereupon desired the Council would give him their advice 
where they thought would be the most proper place of residence for 
the Indians, so that they might be lodged with the greatest Conve- 
nience & Security. They were of opinion the Barracks were 
the best calculated to answer that purpose, as the military Guard 
which Gen'- Gage has sent with the Indians, may be accommodated 
with good Quarters, and will be better able to secure & protect them 
from any Insults there than at any other place. 

The Bill entituled " An act for the payment of £10,947 
Sterlg. in certain Proportions, to several Colonies in America," was 
again read & considered, but the Council advised the Governor 
before he should come to any determination respecting it, to send a 
Verbal Message to the House by the Secretary, desiring " they 
would inform him whether any, and what part of the several Parlia- 
mentary Grants allotted to this Province, do yet remain undrawn 
for by the Trustees of the Loan Office, in the hands of the Agents 
appointed by Act of Assembly to receive the same from the Lords 
of the Treasury." 

The Secretary accordingly deliver'd the s**' Message in the 
Evening. 



Tuesday, 24th January, 1764. 

The Governor received a Verbal Message from the Assembly, by 
two members, that in answer to the Governor's Message of yester- 
day the House inform him, that it appears from the report of the 
Committee on accounts that the Sum of £112Q 7 8 Sterling, part 
of the Parliamentary Grants, remains yet undrawn for by the Trus- 
tees of the General Office, but that it is the opinion of the House 
that the said Sum is appropriated to the King's use, by the Act en- 
tituled " An Act for granting to His Majesty the sum of Twenty- 
four thousand Pounds for the defence and protection of this Pro- 
vince, & for other Purposes therein mentioned." 



At a Council held at Philad'- on Saturday, the 28 th Jan^ • 1764. 

PRESENT. 

The Honourable JOHN PENN, Esquire, Lieutenant Governor. 
James Hamilton, William Logan, 1 

Benjamin Shoemaker, Lynford Lardner, [■ Esq'" 

Benjamin Chew, j 

The Governor, being informed that Benjamin Kendal, a Merch' 
of this City came to Town this Morning, from Lancaster, and had 
learned some Intelligence there, concerning further Motions and 



126 MINUTES OF THE 

ill designs of the Rioters in that County, sent him a Message, that 
he desired to speak with him immediately. Mr. Benjamin Kendal 
soon after appearing at the Board, was examined, & Belated every- 
thing material that he had heard about the Rioters, which is con- 
tained in the following Affidavit taken before the Governor, in Coun- 
cil, viz'-: 

'' City of Philadelphia ss: 

"Benjamin Kendall, of the City of Philadelphia, Merchant, being 
one of the People called Quakers, on his Solemn Affirmation de- 
clareth and saith. That on Thursday, the 26th day of this Instant, 
January, he, this deponent, being on his return from the Burrough 
of Lancaster to the City of Philadelphia, about two Miles on this 
side tho siga of the Hat, (a Tavern kept by one Samuel Smith), 
he mfet with Robert Fulton, an Inhabitant of the said Burrough 
of Lancaster, who, this affirmant understood, had been, the day be- 
fore, in the Township of Pequea, or its Neighborhood ; That this 
affirmant, being acquainted with the said Robert Fulton, stopped, 
and entered into some Conversation with him, in the course of 
which the said Fulton acquainted this Affirmant that he understood 
Capf- Coultas had been appointed to raise and command Five hun- 
dred Men, to guard & protect the Indians in the City of Philadel- 
phia, and that he was very sorry for it, and that in ten days fifteen 
hundred Men would come down in order to kill the said Indians, 
and that if Fifteen hundred were not enough, Five thousand were 
ready to join them, and desired this affirmant to tell the said Cap- 
tain Coultas, from the said Robert, to make his Peace with Heaven, 
for that he (the said Coultas) would not live above two Weeks longer. 
This affirmant answered, that he was very sorry to hear him, the said 
Fulton, talk in that manner, and as he understood that he, tho said Fill- 
ton, had a good deal of influence with those People, who intended to 
come down on the above Purpose, he, this affirmant, requested the said 
Fulton to exert it in persuading them to desist from their Design. The 
said Fulton then said. If Gabriel was to come down from Heaven 
and tell iis or them (but which of the words this affirmant cannot 
be sensible of) toe or they were wrong, they would not desist for it, 
for that they were of the same Spirit with the blood-ran, blood- 
thirsty Presbyterians, who cut oft' King Charles his Head. This 
Affirmant then said to the said Fulton, ' I hear you intend to kill 
the Quakers.' Fulton answered, ' No, God forbid, but they or any 
others who should oppose them they would kill.' That he (the said 
Fulton) had heard the Indians were put in small numbers into dif- 
ferent Families in the City of Philadelphia, for Protection, but that 
such Families must tell where they (the Indians) were, and deliver 
them up, or their Houses would be fired over their heads. The said 
Fulton further informed this Affirmant, that some time ago, when 
he heard that the said Indians were sent out of this Province, he, 
the said Fulton, sent a Letter to a number of People, who were 



PROVINCIAL COUNCIL. 127 

then preparing to come down and cut the Indians off, to acquaint 
them of it, and stop them from coming. This Affirmant further 
saith, that a certain William Way was in Company with the said 
Fulton during this whole Conversation, &, from what little he said, 
seemed to join in Sentiment with the said Fulton, & among other 
things asserted, that he was lately in a Store in that Neighbourhood, 
where there was a Magazine of three half barrels of Gun Powder, 
and one hundred small Arms, ready for the above Expedition, & 
that he verily believed a number of Men would comedown to Phila- 
delphia to kill the Indians, and further this Affirmant saith not. 

"BENJ^ KENDALL. 
"Taken and Affirmed in the presence of the Governor and Coun- 
cil, at Philad^-' January 28, 1764. 
" Before 

''JOHN PENN." 

The Council thereupon advised the Governor to give Capt"' 
Schlosser his written Instructions respecting the defence of the In- 
dians under his Charge and Protection at the Barracks, ordering 
him to fire upon any body of armed Men who should make their 
appearance in an hostile manner, and violently attempt to force 
their way into the Barracks, with a design to kill the Indians there, 
after his positive orders to them to stand off & desist from their 
wicked undertaking. 

The Board are also of Opinion that it would be advisable for 
the Governor to order the three Companies of Highlanders at Car- 
lisle to march without delay to Lancaster, and wait there in readiness 
to execute such Orders as the preservation of the Public Peace 
might render it necessary to be given them by the Governor in 
support of the civil Authority. 



Sunday, 29th January, 1764. 

The Governor sent the following Letter this Morning by Express 
to Capt"- William Murray, Commanding Officer of His Majesty's 
Troops at Carlisle, viz'-: 

« Philad^' 29th Jan''- 1765. 
" Sir : 

" Some time ago several daring Tumults & insurrections in the 
County of Lancaster obliged me to apply to His Excellency Gen' 
Gage, for the aid of His Majesty's regular Troops in this Province, 
to support the civil Authority in the Execution of the Laws, where- 
upon he was pleased to favour me with the inclosed Order to the 
Officer commanding His Majesty's Forces at Carlisle, dated the 6th 
Instant, direcdng and requiring him to pay due Obedience to all 



128 MINUTES OF THE 

such Orders as I should judge necessary to transmit to him, to effect 
the above mentioned Purpose. I was in hopes I should not have 
had occasion to exert the power the General has put into my hands, 
but the publick Security & the preservation of His Majesty's Peace 
now lays me under the disagreeable necessity of doing it, and of 
desiring that you will, immediately on the receipt hereof, March 
with all His Majesty's Forces under your Command, with the 
greatest Expedition, down to the Burrough of Lancaster, where you 
are to take Quarters in the Barracks, & there remain till you shall 
receive my further Orders, holding yourself always in readiness to 
march from thence to such places and on such Services as the pre- 
seivation of the Publick Peace may make it necessary for me to 
require of you. 

" I am, Sir, 

" Your most Obed'- humble Serv*-' 

'^JOHN PENN. 
" To Captain William Murray, Command^- of His Majesty's 
Troops at Carlisle." 



At a Council held at Philad^- on Thursday, the 2nd February, 
1764. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieuten*' Governor, 
&ca. 

"William Logan, Benjamin Chew, "| 

Richard Peters, Thomas Cadwalader, v Esq"* 

Lynford Lardner, Richard Penn, J 

The Consideration of the Assembly's Message, of the 20th Jan- 
uary last, was resumed, and the Council was of opinion that a Com- 
pliance with the advice therein given by the Assembly of sending 
for the Sheriff and Coroner of Lancaster, and the Magistrates of 
that Burrough, to give the best Information that could be obtained 
of the Persons concerned in the late Riots in the said County, would 
be attended with many ill Consequences, and instead thereof, were 
unanimously of opinion, that it would be more advisable for the Gov- 
ernor to give Instructions to some Justice or Justices of Lancaster 
County, in whose Prudence and discretion he can most confide, at 
the ensuing Court at Lancaster, to examine upon Oath the Sheriff 
and Coroner & any others, respecting their knowledge of the Au- 
thors and Perpetrators of the late Murders committed on the In- 
dians there, and to do this with all possible Secrecy. 

The Council further advised the Governor on this occasion to de- 
sire the Assembly, by a Message, to frame a Bill for establishing a 
Militia within this Province, as being the most effectual means of 
preserving the Publick Peace & of suppressing all Tumults and In- 



PROVINCIAL COUNCIL. 129 

surrections, which for the future may arise to disturb the good Or- 
der of Government, and endanger the Public Security. 

The following Message was accordingly prepared, read and ap- 
proved, & the Secretary was ordered to carry the same to the 
House. 

A Message from the Governor to the Assemble/. 

" Gentlemen : 

" I find great dilBculty in settling, ou the Footing of Law, & on 
the principles of the English Constitution, the Orders proper to be 
given to the Commanding Officer of the three Companies of Royal 
Americans, seat here by General Gage, to support the civil Power, 
as rules for his own Conduct and Government of the Soldiers, in 
case the Indians now under their protection should be attacked, and 
an Attempt made to murder them At the same time that I wish to 
preserve these poor Creatures, by all the means in my power, I 
would not, in the Orders I give for that end, be guilty of the least 
Infraction of the Laws. A Doubt has arisen whether any Orders 
I can give to the regular Troops to make use of Force and Violence 
against his Majesty's Subjects, though riotously assembled, with an 
intent to kill the Indians, will be a legal justification for their shed- 
ding of Blood in opposing and preventing the design, till the civil 
power has first been called in, & in vain endeavoured to suppress 
the Tumult. 

*' In so tender and important a Case, I would rather err on the 
cautious side, and to remove all doubts, request you will seriously 
consider this matter immediately, and that by a short Law, you will 
for a time extend to this Province the riot Act of the first of 
George the first, or make such other Provision to remove the pre- 
sent difficulty, as you shall judge most proper. 

"JOHN PENN. 

'- February 2d, 1764." 



The Governor laid before the Board a Letter from Sir William 
Johnson, dated the 20th January, 176i, which was read, and fol- 
lows in these words, viz'-: 

"Johnson Hall, January 20th, 1764. 
" Sir : 

" I have had the honour of your Letters of the 31st Ultimo, and 
5th of this inst., together with the inclosures, and I heartily con- 
gratulate you on your arrival to your Government, wishing your ap- 
pointment may prove to your entire Satisfaction. . 

" The steps you have taken for discovering those rash Offenders, 
were certainly very judicious, as well as highly necessary, and lam 

VOL. IX. — 9. 



130 MINUTES OP THE 

hopeful they may be attended with success for bringing them to 
Justice. 

" I apprehended, that after their first Offence in murdering the 
Six Indians of Conestogo, their mistaken resentment would have 
ended, &; even that first act was sufficient to create much uneasiness 
amongst all the Indians, but their last public insult on the Law, and 
the Government itself, certainly demands the most strict enquiry, 
as well as the severest punishment. 

" You may be assured, I shall use every argument with the Six 
Nations, the unfavorable ideas which they must certainly entertain 
of such a proceeding, as well to satisfy them that your Government 
highly disapproves of it, & will severely pudish the Offenders; but 
I am aware of their Sentiments on the Subject, & greatly appre- 
sensive it will stagger the affections of the five hitherto well affected 
Nations, who consider the Indians of your Government as con- 
nected with them, and under their protection, and as the Murdered 
have been all along peaceably inclined, the friendly Indians in these 
parts may be induced to doubt our faith and sincerity towards them- 
selves, from the unhappy fate of our late Friends in Pennsylvania, 
which will cause them to expect the same treatment whenever it is 
in our power to destroy them. This, I fear, may greatly check the 
Ardor They have lately expressed to me of assisting us against our 
Enemies, and even Spirit up many to obtain revenge within your 
Government. 

" The threats which the Riotous parties have since thrown out, 
that they would destroy the Indians in the Neighbourhood, and un- 
der the Protection of PhUadelphia, savours so much of Madness, 
that I cannot account for them ; your gratifying the Indians re- 
quest thereon, of coming to me, must, therefore, appear pleasing to 
them, but I have just received a Letter from Lieut. Governor Col- 
den, informing me "That the Council have advised him not to admit 
them into this Province." This will probably prevent me from 
seeing them, and I heartily wish their return back may not expose 
them to fresh insults, which would certainly occasion a General de- 
fection. 

" Several deputies from the Enemy, Senecas, have been lately 
with me here, making some friendly offers of Peace, but I am con- 
vinced that nothing but a good treatment, accompanied with occa- 
sional favours, will ever ensure a lasting peace, from the Jealous 
sentiments which our Enemies entertain of the English, and the 
presents the French had accustomed them to, for the toleration the 
Indians afforded them in their Country, insomuch that any future 
neglect on our parts will immediately produce a discontent and ap- 
prehension of our designs, which will inevitably occasion a renewal 
of Hostilities; so that a Peace made with these people, without 
proper subsequent steps to remove these Jealousies and establish a 
good Opinion with the Indians, is always liable to be violated, to the 
great detriment of Trade, & the certain destruction of the Fron- 



PROVINCIAL COUNCIL. 131 

tier Inhabitants with their dwellings, and the expence in which the 
Crown must be involved to suppress such devastations, will certainly 
amount to a much greater sum (independant of the loss the Pro- 
vinces must sustain), than would conciliate the affections of the 
Indians, & enable us to extend our Settlements and Trade with the 
utmost Security. 

" I heartily wish that the Law you have proposed may be agreed 
to by the Assembly, as it appears to me highly necessary, and es- 
sential, as Well to the Credit as the safety of the Province. 
''I am with great Esteem, Sir, 

*' Your most Obed'- humble Serv'' 

"WM. JOHNSON. 
" The Honble L'- Gov^- Penn." 



The Council advised the Governor to write to the Magistrates of 
Berks & Lancaster Counties, to send him the earliest intelligence 
they may receive of the Designs and Motives of the Rioters. 

" Philadelphia, 4th February, 1764. 
"Sir: 

" Several reports having lately prevailed that a large Body of 
armed Men are assembling themselves on the Frontiers of Lancas- 
ter County, with an intention to come to this City, and put to death 
the friendly Indians who are under the Protection of this Govern- 
ment, and now guarded by a detachment of the King's regular Troops, 
I do hereby require you to make as early & Strict enquiry as you 
can, concerning the Truth of those Reports, and, in case you hear 
or know that any such Riotous party is actually on the Road, & 
coming here, or if you receive any certain Intelligence of their as- 
sembling for that purpose, forthwith to dispatch an Express to me 
with a Letter giving me Notice of the same, that I may take the 
necessary measures in time to prevent the Execution of so wicked 
& dangerous an undertaking. 

" I am, Sir, 

" Your very humble sev'- 

"JOHN PENN. 

" To Thomas Foster, Adam Reed, Esq"' Lancas • County. 

" James Reed, Jonas Seely, Esq"' Berks County." 



Friday, 3rd February, 1764. 

The Governor's Message to the Assembly, agreed on Yesterday, 
was carried to the House by the Secretary this forenoon. 

At G o'clock P. M. two members of Assembly waited on the 
Governor, and presented for His Honour's Concurrence A Bill en- 



132 MINUTES OF THE 

tituled "An Act for preventing Tumults and Kiotous Assemblies, 
and for the more speedy and effectual Punishing the Rioters ;" 
which the Governor took into his immediate Consideration, and 
having approved thereof, he went directly to Mr. Charles Norris's 
House, where the Assembly were sitting, on account of the Speaker's 
indisposition, and returned the said Bill to the House by the Secre- 
tary, with a verbal Message, that his Honour agreed to it, & was 
waiting there ready to pass it into a Law. 

The Governor then, by the desire of the Speaker, entered the 
room where the House sat, & the Speaker presented the Bill en- 
tituled " An Act for preventing Tumults and Riotous Assemblies, 
&c*" which His Honour enacted into a Law, and by his Warrant 
ordered the Great Seal to be affixed thereto. 



At a Council held at Philadelphia on Saturday the 4th Febr^' 
1764. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gov- 
ernor, &ca. 

William Logan, Benjamin Chew, ") 

Richard Peters, Thomas Cadwalader, [• Esq"' 

Richard Penn, ) 

The Commissioners acquainted the Governor that they had re- 
ceived Intelligence by a Letter from Lancaster County, & from Mr. 
Waioe, a Member of Assembly, that a very considerable number of 
the people living on the Frontiers of that & other Counties, were 
actually assembling themselves with an intention of coming to this 
City to put to death all the Indians in the Barracks under the pro- 
tection of this Government; & that to-morrow Morning was the 
time fixed on for the execution of their unlawful design. 

The Governor thereupon desired the opinion of the Council as 
to the best measures to be taken on this occasion. They advised 
him to give written Instructions to Captain Schlosser to defend the 
Indians to the utmost of his power, by opposing, with the Detach- 
ment of the King's Troops under his Command, any attempts to 
destroy them, the riot Act being first read by a proper Civil Officer. 
To order Notice to be sent to all the Inhabitants of the Town to 
meet the Governor at the State House this afternoon at 4 o' Clock, 
to acquaint them there of the present Danger that threatned the 
Publick Peace, to desire they would immediately take Arms and 
put themselves under his Command in defence of the Government, 
and in Support of the Laws. To propose that 150 of the Gentle- 
men of the Town should assist the Soldiers in guarding the Bar- 
racks this night, and request that hereafter, upon any Alarm made 
by the ringing of the Bells, the Inhabitants would turn out with 



PROVINCIAL COUNCIL. 133 

their Arms and repair to the Barracks ; or, if the Town should be 
attacked, that they would meet at the Court House, & defend the 
City. 

It was recommended to the Commissioners, to purchase a 
quantity of Arms and Ammunition to be sent to the Barracks, & 
to employ a number of Carpenters to erect some works at the 
Barracks to make them more defensible, & to send 4 of the Cannon 
there from the State House, with the proper Artillery Stores. 
Spies were dispatched up the diiferent roads to observe the motions 
of the Rioters, & to bring intelligence of their Approach. 

The Governor laid before the Board a draught of a Message he 
proposed to send to the Assembly, which was read and approved, & 
the Secretary was ordered to carry it to the House as soon as they 
should meet next Week. The Message follows in these words : 

A Message from the Governor to the Assembly. 

" Gentlemen : 

" I am sorry to inform you, that the same Spirit & frantic Rage, 
which actuated those who lately put to death the Indians in Lan- 
caster County, Still prevails among them, & that, instead of having 
any Remorse for, or in the least dreading the bad Consequences of 
their Conduct, I have just reason to believe they are daily strength- 
ening their Party, and adding greatly to their numbers, and threaten 
to come down armed in a body, and repeat the same Acts of cruelty 
on the Indians in the Barracks in the Northern Liberties of this 
City, determined to spare none who oppose the Execution of their 
wicked designs. They have already given abundant Proof, that 
neither Reli;fion, Humanity, or Laws, are objects of their considera- 
tion, or of sufficient Weight to restrain them, & in our present weak 
and defenceless State, no one can answer a Moment for the Security 
of the Government itself, or any individual in it; there is still less 
reason to expect, if they should attempt to put their Threats in 
execution, and their numbers are half so great as it is reported, 
that the Soldiery, who are ordered to guard the Indians, will be 
able to afford them protection. It is further to be considered, that 
it will not be long before the Guard, which General Gage has 
kindly sent to support the civil Power, will be necessarily ordered 
on Duty elsewhere, and be employed against our open Enemies. 

" The Government must then at least depend solely on the Ex- 
ertion of its own Force and Powers, not only to defend the Indians, 
but to support itself and curb the violence of this licentious sett of 
people. In this critical situation, therefore, Gentlemen, [ think it 
my Duty to His Majesty, & to the good people of this Province, 
most earnestly to recommend to vou to fnmie a Militia Law, in a 
manner as little Burthensome to the Inhabitants as pos> ble, as the 
only natural and effectual means of preserving tlae publicii Tran- 



134 MINUTES OF THE 

quility, and enabling the civil power to enforce the Laws and vin- 
dicate the Honour of the Grovernment. 

"JOHN PENN. 
" February 4th, 1764." 



Friday, 10th February, 1764. 

The Governor's Message of the 4th Instant was carried to the 
House of Assembly by the Secretary this forenoon, a Quorum not 
having met this week till last Night, on account of the alarm in the 
City occasioned by the Approach of an Armed body of Kioters. 



Saturday, 11th February, 1764. 

Two Members of Assembly waited on the Governor with the fol- 
lowing Message from the House : 

A Message to the Governor from the Assembly. 

" May it please your Honour : 

" Your Honour's Message of the 4th Instant we received Yester- 
day, and as we are of opinion that it contains matters of the utmost 
importance to the Welfare of this Province, we shall take the same 
into our most serious Consideration, & as soon as possible acquaint 
you with the Result ; and notwithstanding the Rioters upon their 
approach near this City, and a discovery of the spirited Resolutions 
of the Citizens to oppose their barbarous and illegal designs, are 
dispersed, your Honour may be assured that nothing in our power 
consistent with the Trust reposed in us, shall be wanting for the 
security of the Government, & the protection of the Inhabitants, 
against the future violences of such licentious People who disturb 
the publick Tranquility, and trample on all Laws divine and human. 
" Signed by Order of the House, 

" ISAAC NORRIS, Speaker. 

" February 11th, 1764." 



PROVINCIAL COUNCIL. 135 



At a Council held at Philadelphia on Tuesday the 14th February, 
1764. 

present: 

The Honourable JOHN PENN, Esquire, Lieut*- Governor, 
&ca. 

Benjamin Shoemaker, Richard Peters, 

William Logan, Thomas Cadwalader, ^Esq"- 

Richard Peuo, 

The Governor laid before the Board a Memorial from the Rever- 
end John Jacob Schmick, Missionary among the Indians, which, 
was read and is as follows, viz'- : 



'] 



*' Memorial of several Discources, 'HoTiick John Jacob Schmi-ck^ 
Missionari/ anion g the Indians, hath lateli/ had with Pompunagk 
and several otJiers of the Indians now iti the FhHaddphia Bar- 
rachtj und^r tlve protection of this Government, vizt: 

"That the said Pompunagh & Comp^- were lately favoured with 
a Message from this Government to the five Nations, and to the 
friends of the Indians that were killed in Lancaster couaty, and as 
the said Mess^'' for reasons well known to the Governor, has not beea 
forwarded, the said Pompunagh desires to have an opportunity to 
let his Hono«r, the Gov'-^ know, 

" That at his, the said Pompunagh's, leaving the Indian Country 
some of his friends apprehended that he and his Company would 
be killed by the White People : That he promised the Indians he 
would soon let them know how he and the other Indians among the 

English did : That there is now about days past since his 

leaving the Indian Country and no words sent to them : That this 
delay cannot fail to create Suspicion in the Indians, as if Pompu- 
nagh and his Company were cutt olF; Besides that the destroying 
of the Indians in Lancaster County is already, or soon will be, 
known by the Indians, some of the White People being ill natured 
enough to go and tell the Indians such Stories as will draw their 
Resentment upon the English, and if even that was not done, the 
Indians might perhaps eatch a few of the back Inhabitants, and 
force them to tell what is the matter with the Indians that were of 
late among the English; That if the Indians on Susquehannaj 
should by any such means cotKO to the Knowledge of the Lancaster 
affair, and if they should hear and believe that all the Indians now 
under the protection of the Government of Pennsylvania were ac- 
tually destroyed by those who have often threatened to do it, the 
fiaid Pompunagh doth apprehend the Indians wouhl be very angry, 
and lall upon the back Inhabitants, which they could not well have 
done before now, as having been hindered by the deep Snow on the 
other side of the Mountain ; but as good deal of Snow is already 



136 MINUTES OF THE 

melted away, and if we should have some more thaw, the road 
would soon be fit for them to come down upon the Inhabitants. 

" Therefore, the said Pompunagh thinks it is high time that he or 
some other Indians, in whom the Governor can place confidence, 
should go up to the Susquehanna Indians and tell them — 1. That the 
murder committed on the Lancaster Indians was done and counte- 
Danced by some People that are ill affected to the Government, & 
that the Governor had issued two several Proclamations to the effect 
that these murtherers might be discovered, apprehended, and brought 
to Justice. 2. That the rest of the Indians were under the par- 
ticular care and protection of this Government, all in good health 
and safety ; that they had a strong Guard of the King's Troops 
given them by the General, to defend them against all Insults 
whatsoever. 

*' That the said Pompunagh offers his Service to the Government 
to go out for this purpose; That he will leave his Wife here, and 
the other Indians who came down with him ; That he thinks he has 
some Influence with the Indians, & that they will believe what he 
says ; That he will recommend to them the tenderness of the Gov- 
ernor and the great men of this Province towards the poor Indians, 
in respect to their maintenance & Protection, &ca. 

" That a Chief of the Nanticoes is at present residing on Sus- 
quehanna, who is deputised by the five Nations, and is a great Coun- 
sellor among them; That Pompunagh intends to go and see him, by 
whose means he thinks that the Sentiments of this Government in 
respect to the Lancaster affair, can be properly conveyed to the 
five Nations, and also the minds of the other Indians made easy; 
That he promises himself a good Effect from this Journey, so that 
the Indians shall not resent the Lancaster affair upon the Inhabi- 
tants of Pennsylv^'' as he intends to argue with them, the said In- 
dians, that if they should take their own Ptcvenge, they would be 
BO ways further intituled to any Satisfaction which the Governor 
otherwise had engaged to pi'ocure to them by the Course of the 
Law; Beside that, the white people would be so much more in- 
censed against the remains of the Indians among them, that it 
might be out of the power of Government to protect them any 
longer. 

"JOHN JACOB SCHMICK. 

"Philad'-Febr. Srd, 1764." 

The said Memorial being taken into Consideration, it was pro- 
posed by some of the Members that a Message should be sent 
with Papounan, to the Indians on the Susquehanna; But the 
Governor observed that the Indians at Wighalousin lately had 
a Message delivered to them, inviting them down here, which 
was never sent by the Government, but by some private people, 
who took every opportunity in their power to interfere & med- 
dle in Indian Affairs, and to counteract the public Measures, by 



PROVINCIAL COUNCIL. 137 

sending Messages to the Indians contradictory to those sent by 
the Government; And that, therefore, having no Security that any 
Message from him would be faithfully delivered, he could by no 
means agree to send one to the Wighalousin Indians at this time, 
but had no objection to Papounan's Journey to the Indian Country, 
to acquaint his Friends of the kind treatment he and his Brethren 
have received from this Government while they remained under its 
Protection. 

The Governor and Council being unanimously of opinion that all 
the Indians now in the Barracks of this City, should, as soon as 
possible, be removed, and sent into their own Country ; and as they 
had been refused by the Governor of New York, a passage thro' 
that Province to Sir William Johnson's seat. The Council advised 
the Governor to write by Express to Sir William, as Superintendant 
of Indian Affairs, &, desire his opinion as the most prudent and 
proper Expedient for the removal of the said Indians, and also to 
desire General Gage would be pleased to continue his protection of 
them by the Guard he has sent for that purpose, till an answer 
comes from S'- W"- Johnson. 

The following Letter was accordingly sent to Sir W""- : 

^ Letter from the Governor to Sr. Wm. Johnson. 

"Philadelphia, 17 Febr^- 1764. 
"Sir: 

" I had the pleasure to receive your favour of the 20th Ult°-' 
and am now to acquaint you that the Indians who were refused a 
Passage through the Province of New York, returned safe to 
Philadelphia, under an Escort of a party of Royal Americans, by 
the order of General Gage, & have continued since in the Barracks 
here. It was very fortunate they were under the protection of that 
Guard, otherwise I fear they would have been all put to death by 
a very considerable number of armed men, who came last Week 
from the Frontiers, as far as Germantown, on that horrid design, 
but were, happily, diverted from putting it in Execution, in a great 
measure, by the opposition they apprehended from the Inhabitants 
of this City, as well as the King's Troops. It now seems more than 
ever necessary that all the Indians should be removed out of the 
Province, in order to put a stop to the present disturbances and 
murmurs of the People ; and lest their Rage may not be restrained 
by any measures in the power of the Government, from venting it- 
self still in the Destruction of these Indians. As I would take the 
most prudent and easy method of removing them into their own 
Country, and avoid any steps that might interfere with Indian Af- 
fairs in general, I must beg your opinion & advice on this head, 
whether it would be advisable to send them up by the shortest way 
under a Guard, to the Towns on the Susquehanna, or whether 
Governor Colden would not consent, upon an Application from you, 



138 MINUTES OF THE 

that they might pass up Hudson's River as far as Albany, in a Sloop, 
which might take them on board at Amboy; Or, if you think of 
any better expedient for their removal, I should be glad you would 
communicate it to me by the return of the Bearer, whom I send 
Express with this Letter. 

" I have asked General Gage's further protection of the Indians 
here 'till I receive your answer. 

" I am, Sir, Your most Obedient humble Servant, 

"JOHN PENN. 

« To Sir W^- Johnson, Bar'" 



The Governor also laid before the Board the following Bemon- 
etrance from the Frontier Inhabitants, addressed to himself and the 
Assembly, setting forth their Grievances, and praying a redress of 
them, which was read and ordered to be carried by the Secretary to 
the House for their Consideration : 

" To the Honourahle JOHN PENN, Esquire, Governor of the 
Province of Pennsylvania, & of the Counties of New Castle, Kent, 
and Sussex, on Delaware, and to the Rejfresentatives of the Free- 
men of the said Province, in General Assembly met: 

" We, Matthew Smith and James Gibson, in behalf of ourselves 
and His Majesty's faithful and loyal Subjects, the Inhabitants of 
the Frontier Counties of Lancaster, York, Cumberland, Berks, and 
Northampton, humbly beg leave to remonstrate & lay before you 
the following Grievances, which we submit to your Wisdom for Re- 
dress. 

" First. We apprehend that as Freemen and English Subjects, 
we have an indisputable Title to the same Privileges & immunities 
with His Majesty's other Subjects who reside in the interior Coun- 
ties of Philadelphia, Chester, and Bucks, and therefore ought not 
to be excluded from an equal share with them in the very important 
Privilege of Legislation ; nevertheless, contrary to the Proprietors 
Charter and the acknowledged principles of common Justice & 
Equity, our five Counties are restrained from electing more than 
ten Representatives, viz'- : four for Lancaster, two for York, two for 
Cumberland, one for Berks, and one for Northampton, while the 
three Counties and City of Philadelphia, Chester, and Bucks, elect 
Twenty-Six. This we humbly conceive is oppressive, unequal, and 
unjust, the cause of many of our Grievances, and an infringement 
of our Natural privileges of Freedom & Equality ; wherefore, we 
humbly pray that we may be no longer deprived of an equal num- 
ber with the three aforesaid Counties, to represent us in Assembly. 

" Secondly, We understand that a Bill is now before the House 
of Assembly, wherein it is provided that such Persons as shall be 



PROVINCIAL COUNCIL. 13& 

charged with killing any Indians in Lancaster County, shall not be 
tried in the County where the Fact was committed, but in the 
Counties of Philadelphia, Chester or Bucks. This is manifestly to 
deprive British Subjects of their known Privileges, to cast an eter- 
nal Reproach upon whole Counties, as if they were unfit to serve 
their Country in the quality of Jurymen, and to contradict the well 
known Laws of the British Nation in a point whereon Life, Liberty 
and security essentially depend, namely, that of being tried by their 
equals in the neighborhood where tbeir own, their Accusers, and the 
Witnesses' Character and Credit, with the Circumstances of the Fact, 
are best known, & instead thereof putting their Lives in the hands 
of Strangers, who may as justly be suspected of partiallity to as the 
Frontier Counties can be of prejudices against Indians ; and this, too, 
in favour of Indians only, against His Majesty's faithful & loyal 
Subjects. Besides, it is well known that the design of it is to com- 
prehend a Fact committed before such a Law was thought of. And 
if such practices were tolerated, no man could be secure in his most 
valuable Interest. We are also informed, to our great Surprize, that 
this Bill has actually received the assent of a Majority of the House, 
which we are persuaded could not have been the case, had our Fron- 
tier Counties been equally represented in Assembly. However, we 
hope that the Legislature of this Province will never enact a Law 
of so dangerous a tendency, or take away from his Majesty's good 
Subjects a privilege so long esteemed sacred by Englishmen. 

"■ Thirdly. During the late and present Indian War, the Fron- 
tiers of this Province have been repeatedly attacked and ravaged by 
Skulking parties of the Indians, who have with the most Savage 
Cruelty murdered Men, Women and Children, without distinction, 
and have reduced near a thousand Families to the most extream 
distress. It grieves us to the very heart to see such of our Frontier 
Inhabitants as have escaped Savage Fury with the loss of their par- 
ents, their Children, their Wives or Relatives, left destitute by the 
public, and exposed to the most cruel Poverty and Wretchedness 
while upwards of an Hundred and twenty of these Savages, who are 
with groat reason suspected of being guilty of these horrid Barbari- 
ties, under the Mask of Friendship, have procured themselves to be 
taken under the protection of the Government, with a view to elude 
the Fury of the brave Relatives of the murdered, and are now main- 
tained at the public Expence. Some of these Indians now in the 
Barracks of Philadelphia, are confessedly a part of the Wyalousing 
Indians, which Tribe is now at War with us, and the others are 
the Moravian Indians, who, living with us under the Cloak of 
FriendsLip, carried on a Correspondence with our known Enemies 
on the Great Island. We cannot but observe, with sorrow & in- 
dignation, that some Persons in this Province are at pains to 
extenuate the barbarous Cruelties practiced by these Savages on 
our murdered Brethren & Relatives, which are shocking to human 
Nature, and must pierce every Heart, but that of the hardened per- 



140 MINUTES OF THE 

petrators or their Abbettors ; Nor is it less distressing to hear 
others pleading that, although the Wyalousing Tribe is at War with 
us, yet that part of it which is under the Protection of the Gov- 
ernment, may be friendly to the English, and innocent. In what 
nation under the Sun was it ever the custom that when a neighbor- 
ing Nation took up Arms, not an individual should be touched 
but only the Persons that offered Hostilities ? Who ever proclaimed 
War with a part of a Nation, and not with the Whole ? Had these 
Indians disapproved of the Perfidy of their Tribe, & been willing 
to cultivate and preserve Friendship with us, why did they not 
give notice of the War before it happened, as it is known to be the 
Result of long Deliberations, and a preconcerted Combination 
among them ? Why did they not leave their Tribe immediately, 
and come among us before there was Ground to suspect them, or 
War was actually waged with their Tribe? No, they stayed 
amongst them, were privy to their murders & Ravages, until we 
had destroyed their Provisions, and when they could no longer sub- 
sist at home, they come, not as Deserters, but as Friends, to be 
maintained through the Winter, that they may be able to Scalp 
and butcher us in the Spring. 

" And as to the Moravian Indians, there are strong Grounds at 
least to suspect their Friendship, as it is known they carried on a 
Correspondence with our Enemies on the Great Island. We killed 
three Indians going from Bethlehem to the Great Island with 
Blankets, Ammunition, & Provisions, which is an undeniable Proof 
that the Moravian Indians were in confederacy with our open Ene- 
mies ; And we cannot but be filled with Indignation to hear this 
action of ours painted in the most odious and detestable Colors, as 
if we had inhumanly murdered our Guides, who preserved us from 
perishing in the Woods, when we only killed three of our known 
Enemies, who attempted to shoot us when we surprized them. And 
besides all this, we understand that oneof these very Indians is proved 
by the oath of Stin ton's Widow, to be the very Person that murdered 
her Husband. How then comes it to pass, that he alone, of all the Mo- 
ravian Indians, should join with the enemy to murder that family? Or 
can it be supposed that any Enemy Indians, contrary to their known 
custom of making War, should penetrate into the Heart of a settled 
Country, to burn, plunder, and murder the Inhabitants, and not 
molest any Houses in their return, or ever be seen or heard of? Or 
how can we account for it, that no ravages have been committed in 
Northampton County, since the removal of the Moravian Indians, 
when the Great Cove has been struck since ? These things put it 
beyond doubt with us that the Indians now at Philadelphia are His 
Majesty's Perfidious Enemies, & therefore to protect and maintain 
them at the Public Expence, while our suffering Brethren on the 
Frontiers are almost destitute of the necessaries of Life, and are 
neglected by the Public, is sufficient to make us mad with rage, and 
tempt us to do what nothing but the most violent necessity can 



PROVINCIAL COUNCIL. 141 

vindicate. We humbly and earnestly pray, therefore, that those 
Enemies of His Majesty may be removed as soon as possible out 
of the Province. 

" Fourthly. We humbly conceive that it is contrary to the max- 
ims of good Policy, and extremely dangerous to our Frontiers, to 
suffer any Indians, of what tribe soever, to live within the Inhabited 
parts of this Province, while we are engaged in an Indian War, as 
Experience has taught us that they are all perfidious, & their Claim 
to Freedom & Independency, puts it in their power to act as Spies, 
to entertain & give intelligence to our Enemies, and to furnish them 
with Provisions and Warlike Stores. To this fatal intercourse, be- 
tween our pretended Friends and open Enemies, we must ascribe 
the greatest of the Ravages and Murders that have been committed 
in the course of this and the last Indian War. We, therefore, pray 
that this grievance be taken under consideration and remedied. 

" Fifthly. We cannot help lamenting that no Provision has been 
hitherto made, that such of our Frontier Inhabitants as have been 
wounded in defence of the Province, their Lives and Liberties, may 
be taken care of, and cured of their Wounds at the publick Ex- 
pence. We, therefore, pray that this Grievance may be redressed. 

" Sixthly. In the late Indian War this Province, with others of 
His Majesty's Colonies, gave rewards for Indian Scalps, to encourage 
the seeking them in their own Country, as the most likely means 
of destroying or reducing them to reason, but no such Encourage- 
ment has been given in this War, which has damped the Spirits of 
many brave Men, who are willing to venture their Lives in parties 
against the Enemy. We, therefore, pray that public rewards may 
be proposed for Indian Scalps, which may be adequate to the Dan- 
gers attending Enterprizes of this nature. 

"Seventhly. We daily lament that numbers of our nearest & 
dearest relatives are still in Captivity among the Savage Heathen, 
to be trained up in all their Ignorance & Barbarity, or to be tor- 
tured to death with all the contrivances of Indian Cruelty, for at- 
tempting to make their escape from Bondage ; We see they pay no 
regard to the many solemn Promises which they have made to re- 
store our Friends who are in Bondage amongst them. We, therefore, 
earnestly pray that no trade may hereafter be permitted to be car- 
ried on with them, until our Brethren and Relatives are brought 
home to us. 

" Eighthly. We complain that a certain Society of People in this 
Province, in the late Indian War, &, at several Treaties held by 
the King's representatives, openly loaded the Indians with Pre- 
sents, and that J. P., a leader of the said Society, in Defiance of 
all Government, not only abetted our Indian Enemies, but kept up 
a private intelligence with them, and publickly received from them 
a Belt of Wampum, as if he had been our Governor, or authorized 
by the King to treat with his Enemies. By this means the Indians 
have been taught to despise us as a weak and disunited people, and 



1^ MINUTES OP THE 

from this fatal Source have arose many of our Calamities under 
which we groan. We humbly pray, therefore, that this Grievance 
may be redressed, and that no private subject be hereafter permitted 
to treat with, or carry on a Correspondence with our Enemies. 

" Ninthly. We cannot but observe with sorrow, that Fort Au- 
gusta, which has been very expensive to this Province, has afforded 
us but little assistance during this, or the last War. The men that 
were stationed at that place neither helped our distressed Inhabi- 
tants to save their Crops, nor did they attack our Enemies in their 
Towns, or patrole on our Frontiers. We humbly request that pro- 
per measures may be taken to make that Garrison more serviceable 
to us in our Distress, if it can be done. 

" N. B. We are far from intending any Reflection against the 
Commanding Officer stationed at Augusta, as we presume his Con- 
duct was always directed by those from whom he received his Or- 
ders. 

" Signed on Behalf of ourselves, and by appointment of a great 
number of the Frontier Inhabitants. 

" MATTHEW SMITH, 
"JAMBS GIBSON, 

" February 13th, 1764." 



Friday, the 17 th February. 

Two Members of Assembly waited on the Governor, and ac- 
quainted him that the House had appointed a Committee to confer 
with him concerning the Remonstrance of Matthew Smith and 
James Gibson, and desired to know when he would be pleased to 
meet the Committee for that purpose; to which His Honour 
made answer, that he would meet them to-morrow Morning at 10 
o'clock. 

The two Members at the same time requesting the Governor 
would be pleased to lay before the House the Declaration of the 
Rioters, presented to him previous to their Remonstrance, His 
Honour accordingly delivered to them the said Declaration, which 
follows in these words, viz'- : 

" The Declaration of the injured Frontier Inhabitants, together 
with a brief sketch of Grievances the good Inhabitants of the 
Province labour under. 

" Inasmuch as the killing those Indians at Conestogoe Manor 
and Lancaster has been, and may be, the subject of much Conver- 
sation, and by invidious Representations of it, which some, we 
doubt not, will industriously spread, many unacquainted with the 
true state of Affairs may be led to pass a Severe Censure on the 



PROVINCIAL COUNCIL. 143 

Authors of those Facts, and any others of the like nature, which 
may hereafter happen, than we are persuaded they would if matters 
were duly understood and deliberated. We think it, therefore, 
proper thus openly to declare ourselves, and render some brief hints 
of the reasons of our Conduct, which we must, and frankly do, con- 
fess, nothing but necessity itself could induce us to, or justify us 
in, as it bears an appearance of flying in the face of Authority, and 
is attended with much labour, fatigue, and expence. 

" Ourselves, then, to a Man, we profess to be loyal Subjects to 
the best of Kings, our rightful Sovereign George the third, firmly 
attached to his Royal Person, Interest, and Government, & of con- 
sequence, equally opposite to the Enemies of His Throne dt Dignity, 
whether openly avowed, or more dangerously concealed under a 
mask of falsly pretended Friendship, and chearfuUy willing to offer 
our Substance & Lives in his Cause. 

" These Indians, known to be firmly connected in Friendship 
with our openly avowed embittered Enemies, and some of whom 
have, by several Oaths, been proved to be murderers, and who, 
by their better acquaintance with the Situation and State of our 
Frontier, were more capable of doing us mischief, we saw, with in- 
dignation, cherished and caressed as dearest Friends ; But this, 
alas ! is but a part, a small part, of that excessive regard manifested 
to Indians, beyond His Majesty's loyal Subjects, whereof we com- 
plain, and which, together with various other Grievances, have not 
only enflamed with resentment the Breasts of a number, and urged 
them to the disagreeable Evidence of it they have been constrained 
to give, but have heavily displeased by far the greatest part of the 
good Inhabitants of this Province. 

" Should we here reflect to former Treaties, the exorbitant 
presents and great Servility therein paid to Indians, have long been 
oppressive Grievances we have groaned under; and when at the 
last Indian Treaty held at Lancaster, not only was the Blood of our 
many murdered Brethren tamely covered, but our poor unhappy 
captivated Friends abandoned to slavery among the Savages, by 
concluding a Friendship with the Indians, and allowing them a 
plenteous trade of all kinds of Commodities, without those being 
restored, or any properly spirited Requisition made of them ; How 
general Dissatisfaction those Measures gave, the Murmurs of all 
good People (loud as they dare to utter them) to this day declare, 
and had here infatuated Steps of Conduct, and a manifest Partiality 
in favour of Indians, made a final pause, happy had it been ; We 
perhaps had grieved in silence for our abandoned, enslaved Breth- 
ren among the Heathen ; but matters of a later Date are still more 
flagrant Reasons of Complaint. When last Summer His Majesty's 
Forces, under the Command of Colonel Bouquet, marched through 
this Province, and a demand was made by His Excellency General 
Amherst, of Assistance to escort Provisions, &ca., to relieve that 
important Post, Fort Pitt, yet not one man was granted, although 



IM MINUTES OF THE 

never any thing appeared more reasonable or necessary, as the in- 
terest of the Province lay so much at stake, and the standing of 
the Frontier Settlements, in any manner, evidently depended, 
under God, on the almost despaired of success of His Majesty's 
little Army, whose Valour the whole Frontiers with gratitude ac- 
knowledge, and as the happy means of having saved from ruin 
great part of the Province; But when a number of Indians, falsely 
pretended Friends, and having among them some proved on Oath 
to have been guilty of .Murder since this War begun, when they, 
together with others, known to be His Majesty's Enemies, and who 
had been in the Battle against Col. Bouquet, reduced to Distress 
by the Destruction of their Corn at the Great Island, and up 
the East branch of Susquehanna, pretend themselves Friends, 
and desire a Subsistance, they are openly caressed, & the 
Publick, that could not be indulged the liberty of contributing 
to His Majesty's assistance, obliged, as Tributaries to Savages, to 
support these Villians, these Enemies to our King & our Country ; 
nor only so, but the hands that were closely shut, nor would grant 
His Majesty's General a single Farthing against a Savage Foe, have 
been liberally opened, and the Publick money basely prostituted to 
hire, at an exorbitant Rate, a mercenary Guard to protect His Ma- 
jesty's worst of Enemies, those falsly pretended Indian friends, 
while, at the same time. Hundreds of poor distressed Families of 
His Majesty's Subjects, obliged to abandon their Possessions & fly 
for their lives at least, are left, except a small Relief at first, in the 
most distressing Circumstances, to starve neglected, save what the 
friendly hand of private Donations has contributed to their sup- 
port, wherein they who are most profuse towards Savages, have 
carefully avoided having any part. When last Summer the Troops 
raised tor Defence of the Province were limited to certain 
Bounds, nor suffered to attempt annoying our Enemies in their 
Habitations, and a number of brave Volunteers, equipped at their 
own Expence in September, up the Susquehanna, met and defeated 
their Enemy, with the loss of some of their number, and having 
others dangerously wounded, not the least thanks or acknowledg- 
ment was made thera from the Legislature for the confessed Ser- 
vice they had done, nor only the least notice or Care taken of their 
wounded ; Whereas, when a Seneca, who, by the Informany of 
many, as well as by his own Confession, had been, through the last 
War, our inveterate Enemy, had got a cut in his Head, last Sum- 
mer, in a quarrel he had with his own Cousin, & it was reported iu 
Philadelphia that his Wound was dangerous, a Doctor was imme- 
diately employed and sent to Fort Augusta to take care of him, and 
cure him if possible. To these may be added, that though it was 
impossible to obtain, through the Summer, or even yet, any Pre- 
mium for Indian Scalps, or encouragement to excite Volunteers to 
go forth agiiinst them ; Yet, when a few of them known to be the 
fast friends of our Enemies, and some of them murderers them- 



PROVINCIAL COUNCIL. 145 

selves, when these have been struck by a distressed, bereft, injured 
Frontier, a liberal reward is oiFered for apprehending the Per- 
petrators of that horrible Crime of Killing his Majesty's 
Cloaked Enemies, and their Conduct painted in the most 
atrocious Colours, while the horrid Eavages, cruel murders, 
and most shocking Barbarities, committed by Indians on His Ma- 
jesty's Subjects, are covered over, and excused, under the charita- 
ble Term of this being their method of making War. But to re- 
count the many repeated Grievances, whereof we might justly com- 
plain, and instances of a most violent attachment to Indians, were 
tedious beyond the patience of a Job to endure, norc an better be 
expected, nor need we be surprized at Indians insolence &; Villainy, 
when it is considered, and which can be proved from the Publick 
Records of a certain County, that sometime before Conrad Weiser 
died, some Indians belonging to the Great Island or Wighalousing, 
assured him that Israel Pemberton (an ancient leader of that Fac- 
tion, which for so long a time have found means to enslave the 
Province to Indians), together with others of the Friends, had 
given them a Rod to scourge the White People that were settled 
on the purchased Lands, for that Onas had cheated them out of a 
great deal of Land, or had not given near sufficient Price for what 
he had bought ) and that the Traders ought also to be scourged, 
for that they defrauded the Indians, by selling Goods to them at 
too dear a rate ; and that this Relation is matter of Fact, can easily 
be proved in the County of Berks. Such is our unhappy Situation, 
under the Villainy, Infatuation and Influence of a certain Faction, 
that have got the Political Reins in their hands, and tamely tyran- 
nize over the other good Subjects of the Province. And can it be 
thought strange, that a Scene of such treatment as this, & the now 
adding, in this critical Juncture, to all our former Distresses, that 
disagreeable Burthen of supporting, in the very heart of the 
Province, at so great an Expence, between one and two hundred 
Indians, to the great Disquietude of the Majority of. the good In- 
habitants of this Province, should awaken the resentment of a people 
grossly abused, unrighteously burthcned, and made Dupes and 
Slaves to Indians ? And must not all well disposed people enter- 
tain a charitable Sentiment of those who, at their own great Ex- 
pence and Trouble, have attempted or shall attempt, rescuing a 
labouring Land from a Weight so oppressive, unreasonable and 
unjust? It is this we design, it is this we are resolved to prosecute, 
though it is with great Reluctance we are obliged to adopt a 
Measure not so agreeable as could be desired, and to which Ex- 
tremity alone compels. 

"GOD SAVE THE KING." 



YOl, IX. — 10. 



146 MINUTES OF THE 



At a Council held at Philadelphia on Saturday the 18th Febr^' 
1764. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 



irdner, "j 
Chew, lEsq"- 



James Hamilton, Lynford Lardner, ' 

Benjamin Shoemaker, Benjamin Che 

William Logan, Richard Peun, 

The Governor having appointed this morning for a Conference 
with a Committee of Assembly, by the desire of the House, to con- 
sider of some matters relative to the Remonstrance addressed to the 
Governor & Assembly by Matthew Smith & James Gibson, in be- 
half of themselves and the five Frontier Counties of this Province, 
praying a Redress of Grievances, The Committee of Eight Mem- 
bers accordingly met the Governor in Council. 

After reading the said Remonstrance, the Committee acquainted 
the Governor, that as it was addressed to both branches of the Le- 
gislature, the House were desirous that he would act in concert with 
them in sending for Matthew Smith and James Gibson, in interro- 
gating them in public, & convincing them that the several matters 
set foi'th respecting the Conduct of the Executive & Legislative 
Powers of Government, are unjust and without foundation. 

The Committee, after giving the Governor the several Reasons 
for this proposal of the House, retired. The Council then took the 
same into Consideration, but being of Opinion that they ought not 
to be precipitate in forming their judgment on this matter, advised 
the Governor to defer giving an Answer to the Assembly till Mon- 
day. Accordingly, the Governor directed the Secretary to acquaint 
the House, that as the matters proposed by the Committee of As- 
sembly this morn^- were of some importance, he inclined to take 
them under further Consideration till Monday, when he hoped to 
give them an Answer. 



At a Council held at Philadelphia, on Monday the 20th Feb- 
ruary, 1764. 



PRESENT 



The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

Benjamin Shoemaker, Lynford Lardner, "^ 

William Logan, Benjamin Chew, It-, „ 

Richard Peters, Thomas Cadwalader, [ ^^ 
Richard Penn, J 

The Governor laid before the Board a Bill sent to him by the As- 
Bembly, for His Honour's Concurrence; entitled " A Supplement to 



PROVINCIAL COUNCIL. 147 

the Act entituled ' An Act for taking Lands in Execution for the 
payment of Dabts, and for confirming Partitions in several instances 
heretofore made/ " which was read & referred to a further Consid- 
eration. 

The Proposal made by the Committee of Assembly on Saturday 
last, concerning the Remonstrance of the Frontier Inhabitants, was 
again considered by the Board, and the following answer thereto 
being drawn up, was read and approved. The Secretary was di- 
rected to deliver the same to the Committee of Assembly : 

*' The Governor's Answer to a proposal made him by a Commit- 
tee of Assembly, in a Conference with them on Saturday last; 
which was, that he would act in Concert with the House, in send- 
ing for Matthew Smith and James Gibson, who lately presented to 
the Governor and Assembly a Remonstrance or Petition in behalf 
of themselves & the five Frontier Counties of this Province, pray- 
ing a Redress of certain supposed Grievances, and in interrogating 
them in publick, and shewing that the several Matters and Things 
therein contained, respecting the conduct both of the executive and 
legislative Powers of Government, are unjust and without Founda- 
tion. 

" The Governor would, with great pleasure, take every legal and 
constitutional Measure which had a Tendency to promote the Pub- 
lick Peace & Harmony, and quiet the Minds of such of His Ma- 
jesty's Subjects in this Province, as are discontented, and remove 
any Errors or Mistakes they lie under, but he cannot accede to 
the method proposed by the Assembly, on this occa'^ion, for the 
following Reasons : 

*' First. Because it would, in bis opinion, be not only unbecom- 
ing the Honour and Dignity of the Government, which he shall 
always think it his Duty to support, but tacitly giving up the indu- 
bitable Rights of both branches of the Legislature, to enter into 
any Argument or Justification with the Petitioners, on the subject 
matter of their Complaints. Whether any Article in the Remon- 
strance or Petition is, or is not a real Grievance, or requires redress, 
is proper for the Consideration of the Representative Body of the 
people only, in the first Instance ; after which the Governor is to 
exercise 'his Judgment on any Bill which may be prepared for that 
purpose; whatever may be ultimately determined on by both 
branches of the Legislature, will be final and binding upon the 
People ; and the Governor conceives that he cannot concur with the 
Measure proposed, without inverting the order of Government and 
departing from the Rights the legislative Body is vested with by 
the Constitution. 

" Secondly. The legislative and executive Powers of Government 
are independent of one another, and are lodged in different hands; 
and though the Petitioners have in this case very injudiciously 
blended together matters which Regard both, yet that can be no 
reason why the Governor and Assembly should follow their Exam- 
ple. 



148 MINUTES OF THE 

"The Governor doubts not but the House will take into Considera- 
tion such parts of the Remonstrance as are proper for their Cogni- 
zance, and do therein what in their Wisdom and Justice they think 
Right, as he will with Regard to such other parts as Relate to the 
executive Branch of Grovernment. 

"JOHN PENN. 

" February 20th, 1764.V 



At a Council held at Phila , on Monday, the 27th Feb^^- 1764. 

PRESENT : 

The Honourable JONH PENN, Esq""' Lieutenant Governor, &ca, 

James Hamilton, William Logan, } ,-, 

-o - • /I, ' >■ Esquires. 

isenjamin Chew, 3 

The Bill entituled " An Act for the payment of £10,947 Ster- 
ling, in certain Proportions, to the several Colonies in America," 
And a Supplement to the Act entituled "An Act for taking Lands 
in Execution for the payment of Debtji, and for confirming parti- 
tions in several Instances heretofore made," being again considered, 
were approved and ordered to be returned to the House to-morrow, 
without any Amendment. 

The Governor laid before the Board the two following Bills, which 
were presented to him from the House on Saturday last, for his Con- 
currence, entituled " An Act for granting to his Majesty the Sum 
of £50,000, and for Striking the same in Bills of Credit, in the 
manner herein after directed, & for providing a Fund for Sinking 
the said Bills of Credit by a Tax on all Estates, Real and personal, 
and Taxables within this Province ;" And a Supplement to the Act 
entituled " An Act for erecting a Light House at the Mouth of the 
Bay of Delaware, at or near Cape Henlopcu, and for placing & fix- 
ing Buoys in the said Bay and River Delaware, & for appointing 
Commissioners to receive and recover certain Sums of Money here- 
tofore Raised by way of Lottery, and to appropriate the same to the 
(purposes aforesaid," which were in part considered, and referred 
to a future Reading and Consideration, 



Tuesday, 28th February. 

The Secretary, by the Governor's Orders, carried to the House 
the two Bills entituled "an Act for the payment of £10,947 Ster- 
ling, &c*'" and the "Supplement to the Act entituled 'an Act for 
taking Lands in Execution for the payment of Debts, &c*'' " and ac- 
quainted them with His Honour's Assent thereto ; at the same time, 
by a verbal Message, he informed them that, as the Supply Bill was. a 



PROVINCIAL COUNCIL. 149 

very long one, the Governor had it still under Consideration, and 
would let the House know his Determination upon it as soon as con- 
veniently he could. 



At a Council held at Philadelphia on Wednesday, 7th March, 
17G4. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c^- 

James Hamilton, Benjamin Shoemaker, Benjamin Chew, Esq"- 
The Bill entituled " An act for granting to His Majesty the Sum 
of £50,000, and for Striking the same in Bills of Credit, &c''" was 
read, and again considered. There appearing Several material Ob- 
jections to the said Bill, the Governor observed that he could 
not think it consistent with His Duty to the Crown & Obliga- 
tions to the Proprietaries, to pass it, especially as it contained 
Clauses directly repugnant in two points. Relating to the Taxa- 
tion of the Proprietary Lands to the Decree of his late Majesty 
in C'-uncil, on an Act for granting to His Majesty £100,000, 
in the Year 1759, agreeable to the Report of a Committee of the 
Lords of the Council, that the said Act ought to be repealed, 
unless the Six alterations and amendments mentioned in the said 
Report were made to it. The Governor, therefore, laid before the 
Board a Draught of a Message which he proposed to send to 
the House with the Bill; the same being read & approved, was 
ordered to be transcribed and carried with the Supply Bill to 
the House to-Morrow morning. 

A Message from the Governor to the Asscmhlij. 

" Gentlemen : 

" It gives me real Concern to be under the necessity of refus- 
ing my Assent to the Supply Bill entituled " An Act for granting 
to His Majesty the sum of Fifty thousand Pounds, and for striking 
the same in Bills of Credit. &ca.," sent up for ray Consideration. 
I am no stranger to the long disputes and Differences which un- 
happily Subsisted for many Years after the breaking out of the 
last War, between the two Branches of the Legislature in this 
Province, upon Bills of the like Nature with this now before me, 
nor to the Mischief and ill Consequences »vhich ensued to the 
Public from them. As the Principal points in Controversy could 
not be adjusted here, they were at last happily brought to an 
Issue before His Majesty in Council, upon an Act for granting 
to His said Majesty the Sum of one hundred thousand Pounds, 
passed in the Year 1759, which being Referred to a Committee 



150 MINUTES OF THE 

of the Lords of the Council, they after a full hearing Be].- i^ed that 
the said Act was fundamentally wrong and unjust, and (iu.ht to be- 
repealed, unless Six Alterations and Amendments by them particu- 
larly mentioned were made to it ; And the only Reason why the King: 
was then graciously pleased by his Decree to permit tiiat Act 
to stand unrepealed, was that the Agents for the Assembly 
entered into a Stipulation which they signed in the Council Bookf^ 
undertaking and engaging that the House would frame :i 15111 to al- 
ter and Amend the said Act, according to the Report of the Lords- 
of the Committee. A Letter from the Right Honouvahlr the Earl 
of Egremont, one of llis Majesty's principal Secretaries of State, of 
the twenty-seventh of November, 1762, (which you will tiud I'utered 
on your Journals), wrote by the express Orders of our pn-s ut Sove- 
reign, to my predecessor Mr. Hamilton, highly approving of his , 
Conduct in withholding his assent to a latter Supply l^iH, for con- 
taining several Clauses repugnant to the said Report, which as the 
Letter expresses, he could not pass consistently with his Duty to 
His Majesty and his Obligations to the Proprietaries, clearly de- 
monstrates His present Majesty's Sens© of the Wisdom and Justice 
of the above mentioned Decree. Under these Circuicstances-, I 
should be inexcusable in doing any Act which militates against tlie 
Solemn and deliberate Sentence of that Judicatory, which by our 
Constitution is vested with the power of determining in the last 
appeal, which by our Constitution is vested with the power of de- 
termining in the last appeal, especially as it is adopted & enforced 
by His present Majesty in the Secretary of State's Letter. My 
principal objections to the Bill now before me are, that it is expressly 
contrary to the Decree of the Council Board; first, in the taxation 
of the Proprietary located uncultivated Lands in the Country, and 
their Lots in Cities & Boroughs ; & Secondly in the subjecting any 
part of the Money given to the King's use by this Bill td all such 
Drafts and Certificates as have been or hereafter shall be made by 
Order of the Assembly only, for the incidental charges of the cur- 
rent Year, without my previous consent thereto, or being even 
made acquainted therewith; lastly, the Bill in a former part enacts 
that no less than five Provincial Commissioners of appeals shall 
make a Board, and in a latter part it expressly says that three shall 
be sufficient to determine any appeal. Whereupon, I now return 
it to you, and most earnestly desire that you will again take it into- 
your consideration, and free it from these objections, so that I may 
be able to give my Assent to it consistent with my Duty and the 
Trust reposed in me. 

" JOHN PENN. 
"March 7th, 1764." 



A Bill entitulcd "An Act for formino; and regulating the MiHtia 
of the Province of Pennsylvania," sent up by the House for the 



PROVINCIAL COUNCIL. 151 

Governor's Concurrence, was then read and referred to a further 
Consideration. 

A Bill entituled "An Act for the relief of Samuel Wallis, a Pri- 
soner in the Goal of Philadelphia, with respect to the imprisonment 
of His person," being presented to the Governor for his Concur- 
rence, was read and approved, and the Secretary was ordered to carry 
the same to the House to-morrow, with the Governor's Assent, & 
at the same time acquaint them that his Honour would return the 
two other Bills under his consideration as soon as possible. 



Saturday, 10th JMarch, 1764. 

Two Members of the Assembly waited on the Governor and ac- 
quainted him that the House being inclinable to break up very soon, 
hoped the Governor would return the two Bills under his Considera- 
tion as soon as possible, & desired to Know at what time they might 
expect them; to which the Governor answered, that he would return 
them to the House on Monday next. 



At a Council hold at Philad"-' on Monday, the 12th March, 
1764. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieut'- Governor, 
&c»- 

James Hamilton, Lynford Lardner, ) -p, ^s. 

Benjamin Chew, Kichard Penn, J ^^ 

The Bill entituled "An Act for forming and regulating the Militia 
of the Province of Pennsylvanin," was again read, and being fully 
considered, there appeared among others the following material Ob- 
jections to it, viz'-: 1st. It provides that the Officers shall be elec- 
tive, and in the Nomination of the people. 2dly. That the Gover- 
nor shall not have the power of ordering a part of the Militia to do 
duty on the Frontiers, for the defence of the Province, while the 
Provincial Troops were employed elsewhere, without the advice and 
consent of the Provincial Commissioners. 3dly. The several Fines 
to be imposed on the Officers and Soldiers for neglect of Duty, in 
every instance, are too small, and by no means sufficient to answer 
the purposes intended by them. 4thly. No provision is made for 
holding Courts Martial, for punishing Capital Crimes, such as 
Mutiny, &c'' in time of actual Service. 

Accordingly several Amendments were made to the Bill, and the 
Secretary was directed to return it with the same to the House in 
the afternooa for their Consideration. 



152 MINUTES OF THE 

The Bill, entituled " a Supplement to the Act entituled ' An 
Act for erecting a Light House at the Mouth of the Bay of Dela- 
ware, &ca,/ " was again considered, and the Secretary was ordered 
to return the same to the House with a Verbal Message, in the 
words following, viz'-: 

"Sir: 

" The Governor commands me to return the Bill entituled " A 
Supplement to the Act entituled, ' An Act for erecting a Light 
House at the Mouth of the Bay of Delaware, &ca.,' " to inform 
the House that he has no other objection to it than that the House 
have, by inserting the Officers name for collecting the Duties 
thereby imposed, even without consulting him in the Appointment 
or Nomination of such Officer, made an Infringement on the Pre- 
rogatives of the Crown, with which he is entrusted ; and that he 
cannot, therefore, pass it in its present Form." 



At a Council held at Philadelphia, on Monday the 19th March^ 
1764. 

PRESENT : 

The Honourable JOHN PENN, Esquire, lieutenant Governor, 
&ca. 

James Hamilton, Benjamin Chew, ") tji 

Lynford Lardner, Richard Penn, j ^ 

The Governor laid before the Board a Bill entituled "An Act 
for granting to his Majesty the sum of £55,000, and for striking 
the same in Bills of Credit, in the manner herein after directed^ 
and for providing a Fund for sinking the said Bills of Credit by a 
Tax on all Estates, real and personal, & Taxables within this 
Province," sent up by the House last Week for His Honour's con- 
currence, & the same being read and considered, it was found liable 
to the same objections as were made to the last Supply Bill respect- 
ing the Taxation of the proprietary located uncultivated Lands and 
Lots ; And, therefore, the Secretary was directed to return it, with 
the following Verbal Message, to the House, viz*- : 

« Sir : 

" The Governor returns the Bill intituled 'An Act for granting 
to His Majesty the Sum of £55,000, &ca ,' and commands me te 
acquaint the House that it is Liable to the same Objections which 
he made in his Message of the Seventh of this Instant, to the last 
Supply Bill, relative to the taxation of the Proprietary located un- 
cultivated lands and Lots, as must appear at first View, on compar- 
ing the Bill with the Decree of His late Majesty. The Governor, 



PROVINCIAL COUNCIL. 153 

therefore, 'most earnestly recommends it to the House to make the 
Bill conformable in these particulars to the Said Decree, from the 
Terms of which he cannot in duty deviate, after which he will 
readily pass it into a Law." 

The Bill intituled ''a Supplement to the Act intituled 'An Act 
for the better settling Intestate Estates,' " and for repealing one 
other Act of General Assembly of this Province, intituled "An Act 
for amending the Laws relating to the partition and distribution of 
Intestates' Estates," sent up by the House for the Governor's con- 
currence, was also laid before the Board, & being read and consid- 
ered, was ordered to be returned to the House with several Amend- 
ments. 



Eodem die. 

The Governor received from the Assembly, by two Members, a 
verbal Message, in these words, viz'- : 

" The House apprehend that they have, in the Supply Bill, fully 
complied with the Stipulations entered into by the Agents at the 
Council Board, relative to the Proprietary located unimproved 
Lands & Lots, and have expressed the Intention of the same in the 
plainest Terms. As the Governor thinks otherwise, the House re- 
quest he would be pleased to explain to them what he takes to be 
the Intention of the said Stipulation in that respect, it being highly 
necessary the Act should be expressed in such Terms as that those 
who are to execute it should clearly understand it " 



Tuesday, 20th March. 

The Governor sent to the House follow^' verbal Message by the 
Secretary, viz'- : 

"Sir: 

" In answer to the verbal Message from the House, of the last 
Evening, the Governor orders me to lay before the House a Copy 
of the Second and third Articles of the decree of His late Majesty 
in Council, Referred to in his former Message, which are as follows, 
viz'" : 

" '2. That the located uncultivated Lands belonging to the Pro- 
prietaries shall not be assessed higher than the lowest Rate at which 
any located uncultivated Lands belonging to the Inhabitants shall 
be assessed.' 



154 MINUTES OF THE 

" ' 3. That all Lands not granted by the Proprietaries^, v,: thin Bo- 
roughs & Towns, be deemed located uncultivated Lauds, :Qd rated 
accordingly, & not as Lots.' 

"The Governor further commands me to acquaint the liiuse that 
the Agents for the Assembly stipulated that the House would frame 
a Bill in conformity to the said Order of the Council Hoard, & 
that he apprehends the Words made use of in the above articles to 
be so express and certain, as to admit of no doubt or A)iibiguity, 
and to convey a meaning very different from the Provisi'>ns made 
respecting these matters in the present Bill. But, as the Session 
hath been drawn out to such an unusual length that the L>'vies vo- 
ted by the Assembly will be useless unless they are raisi •! imme- 
diately, and a difference in Opinion, or Dispute between him and 
the House, at this time, with regard to the Intention of the Agents, 
in the said Stipulations, would probably obstruct his Mnjr-ty's Ser- 
vice, and defeat the good Ends proposed by the Greneral, in the aids 
he hath demanded of this province; the Governor, to av'od these 
Mischiefs, hopes the House will be pleased to insert in the Bill the 
above clauses, in the very Words of the Decree." 



Eodem Die. 

A Member of Assembly waited on the Governor, and (■elivered 
a verbal Message from the House, in the words following, Viz'- : 

"As the Governor and assembly differ in their opiuiim of the 
meaning of the Words contained in the Stipulations, he mentions, it 
is very probable, if the same Terms only, are used, the Coininissioners 
and Assessors of the several Counties may differ likewise, in their 
opinion of the meaning of those Terms, and thence differ in ttie Modes 
of Taxation, and the Provincial Commissioners of Appeal may not 
know what to determine in the last instance. It seems, for that 
reason, necessary to use Terms more certain and explicit, though 
expressing the same meaning, which the House have accordingly 
done. But in order to come to a right understanding with the 
Governor on this matter, they request he would be pleased to acquaint 
them whether he understands the meaning of the Stipulation con- 
cerning the located uncultivated Lands to be, that the best and 
most valuable of the Proprietaries' Lands and Lots should be taxed 
no higher than the worst and least valuable of the Lands and Lots 
belonging to the people? As the greatest part of the Troops are 
already raised, the House do not conceive that the settling of this 
important point, so as to leave it clear, can occasion any Delay 
prejudicial to His Majesty's Service." 

In the Evening the Governor sent the Secretary to t:ie House 
with the following verbal Message, in answer to theirs of this day, 
but meeting two Members who acquainted him tliat the House were 



PROVINCIAL COUNCIL. 155 

adjourned till to-morrow, he was directed by the Governor to deliver 
it as soon as they met iu the morn'- : 

"Sir: 

" The Governor commands me to acquaint the House that he will 
not enter into any dispute with the House about the Intent or 
Meaning of the Agents in the Stipulations they made, since he is 
to be guided by the royal Ordei', and not by the Intention of the 
Agents. The Lords of the Committee, when they framed the two 
articles in their Report, a Copy of which was inserted at large in 
the Governor's Message of Yesterday, and his late Majesty, when 
he approved of that Report, most certainly understood the Force of 
the words they made use of to convey their Ideas ; if this is once 
admitted, the Governor is of opinion that the English Language 
does not afford words more forcible, clear, and explicit, than are 
contained iu the Articles before mentioned, & consequently, that any 
Amendments or Additions attempted to be made to them by the 
House, will rather tend to perplex than explain the Royal Order, 
which induces him again most earnestly to entreat the House to in- 
sert the very Terms of the said Order in the Bill." 

Then two Members returned to the Governor the Bill entituled 
" A Supplement to the Act entituled ' An Act for better settling In- 
testates' Estates, &ca ,'" and delivered an Answer of the Assembly 
to His Honour's Amendments thereto, wherein they agree to seve- 
ral of them, and adhere to the Bill with respect to some others, and 
make a few new ones. 



Wednesday, the 21st March. 

The Secretary delivered to the House the verbal Message inten- 
ded to be sent last Night, and also, returned the Bill for Settling 
Intestates' Estates, &ca., with the Governor's Reply to the Assem- 
bly's Answer to his Amendments thereto, in which His Honour 
adheres to some of his Amendments, recedes from others, and agrees 
to the new ones made by the House. 



Thursday, the 22nd March. 

Two Members of Assembly waited on the Governor with the Sup- 
ply Bill, and the following written Message from the House; and 
at the same time acquainted him that the House were very incli- 
nable to make an Adjournment, and desired His Honour would be 
pleased to appoint a time for passing the Bills, to which His Hon- 
our made answer that ho should be ready for that purpose, in the 
Council Chamber, to-Morrow at 12 o'clock. 



156 MINUTES OF THE 

A Message to the Governor from the Assembly. 

" May it please your Honour : 

** The House, on a review of the Messages that have passed be- 
tween your Honour and them, concerning the Money Bill, beg 
leave to declare that they had the sincerest desire to comply with 
the requisitions of His Majesty's General, and, therefore, imme- 
diately, at your Honoui-'s instance, voted the number of Men re- 
quired, and the sum necessary to raise, «cloathe, aud pay them, and 
are sorry they should be obliged to say that the Delays & Difficulties 
they have met with in compleating a Bill to carry that Vote into 
Execution, have arisen wh -.lly from the intervening of Proprietary 
Interest & Instructions, which your Honour, who are '' no Stranger 
to the long Disputes and Differences that unhappily Subsisted for 
many Years between the two Branches of the Legislature, on Bills 
of the like Nature," must know were ever the great & Sole Ob- 
structions to His Majesty's Service in this Province. 

" To prevent a revival of those Disputes, the House have, in the 
Present Bill, complied ful.y, according to the best of their under- 
standing, with the opinion of the Lords of the Committee, approved 
by His late Majesty, Respecting our Supply Bill, and, therefore, 
had the greatest reason to hope that no objection could now arise 
to its passage. 

" But your Honour is pleased to refuse your Assent to the Bill, 
unless in two of the Six alterations proposed by their Lordships, 
the very Terms made use of by them in their Report, are inserted 
in the Bill, alledging that you cannot in duty deviate from 
them. 

" Such a reason for not passing this Bill, appears the more ex- 
traordinary to us, as the Six articles in that Report are evidently 
Heads only of proposed Amendments, and do not appear to be 
ever intended as formed Clauses, the very words of which were to 
be inserted in our future Supply Bills. 

'' For instance, one is, ' that the real Estates to be taxed, be de- 
fined with Precision, So as not to include the unsurveyed waste 
Lands belonging to the Proprietaries.' Can it be thought that 
these words ought to make a part of the Bill ? Another is, ' That 
the Governor's consent and approbation be made necessary to every 
issue &L application of the money to be raised by virtue of such 
Act.' Another, 'That Provincial Commissioners be named to hear 
and determine Appeals brought on the part of the Inhabitants, as 
well as of the Proprietaries ' Another, ' That the payments by 
the Tenents to the Proprietaries of their Rents shall be according 
to the Terms of their respective Grants, as if such Act had never 
been passed.' All these appeared to us to be merely Heads of Pro- 
visions to be made in the Bill, and the Provisions are accordingly 
made, tho' in very different Words, but such as fully and particu- 
larly express the same meaning. Thus, the last, ' That the pay- 



PROVINCIAL COUNCIL. 157 

ment by the Tenants to the Proprietaries of their Rents shall be 
according to the Terms of their respective Grants, as if such Act 
had never been passed,' is provided for in the Clause that makes 
the paper Money a legal Tender in all payments whatsoever, by 
adding these words : ' the Sterling Rents due or to become due to 
the Proprietaries of this Province only excepted,' which words we con- 
ceived would effectually answer that purpose. And these Changes 
your Honour has not disapproved If the 'very Terms' of the Order in 
Council are so sacred, that they must be made use of and no other, 
and your Honour cannot in duty deviate from them. The House 
are at a loss to account for your agreeing to all those Alterations, 
and particularly to the latter, without the least Objection." 

Their Lordship's words relating to the Points now under Con- 
sideration, are these : 

" That the located uncultivated Lands belonging to the Proprie- 
taries shall not be assessed higher than the lowest Rate at which 
any located uncultivated Lund shall be assessed," And " That all 
Lands not granted by the Proprietaries within Borroughs and 
Towns be deemed located uncultivated Lands, and rated accordingly, 
and not as Lots." 

These Provisions in our Bill are thus expressed, viz'-: "And 
be it further enacted and provided nevertheless, That the Located 
uncultivated Lands belonging to the Proprietaries of this Province 
shall not by virtue of this Act be assessed higher than the lowest 
Rate at which any located uncultivated Lands belonging to the In- 
habitants thereof, under the same Circumstances of Situation, Kind 
and Quality, shall be assessed; and that all Lands not gran fed by 
the Proprietaries within Borroughs and Towns be deemed located 
uncultivated Lands, and Rated accordingly, any thing in this 
Act to the contrary thereof in any wise notwithstanding." 

We thought, may it please your Honour, that We had herein ex- 
pressed the true Intent of tho.se two Articles, but you have been 
pleased to let us know that you think otherwise, and that in your 
Opinion, the Words made use of in those Articles convey a Meaning 
very different from the Provisions made Respecting these matters 
in the present Bill. We then by a Message recfuested your Honour 
would be pleased to acquaint us what meaning you conceive they 
do convey. This you have Refused. We have then endeavoured 
to conjecture from the former Tenure of Proprietory Measures, 
what sense your Honour might possibly be willing to understand 
them in, and by another Message, after setting forth that as your 
Honour and the House differed in their Opinion of the meaning 
of those Articles, it was very probable the Commis.sioners and As- 
sessors of the several Counties who were to execute the Act, might, 
if the Same Terms only were used, differ likewise in their Opinion, 
and thence differ in the modes of Taxation. We requested you 
would be pleased to acquaint us, whether you understood the mean- 
ing to be " that the best and most valuable of the Proprietarie'a 



158 MINUTES OF THE 

Lands and Lots should be Taxed no higher than the worst and 
least valuable of the Lands belonging to the People." This your 
Honour has been pleased neither to disown or deny, but continue 
to insist that the words of those Articles are so clear & explicit, 
that any additions to them will Rather tend to perplex than explain 
them, and therefore urge us again to put them and no others in 
the Bill. 

" We beg your Honour would be pleased to reflect for a moment 
How absurd it would be for the two Branches of the Legislature to 
agree to pass an Act in Terms which both of them have in public 
Messages declared before hand that they understand very differently, 
and particularly how extreamly wrong in the Assembly, when the 
other Branch, the Executive, will not declare what it understands 
by those Terms, but reserves that till the Law shall come to be 
executed. 

" Under these Circumstances, 'tis impossible for us to use in this 
Bill the Terms unexplained, which your Honour Insists upon. 

" We do, therefore, uanimously adhere to our Bill, and once more 
earnestly Bequest your Honour would be pleased to pass the same 
without further delay, as His Majesty's Service and the present 
deplorable Circumstances of the Frontiers, require its being carried 
into immediate Execution. 

" Signed by order of the House, 

'- ISAAC NORRIS, Speaker. 

<' March 22nd, 1764." 



Friday, 23rd day, A. M. 

The Secretary, by the Governor's directions, acquainted the House 
that His Honour being necessarily engaged in Business this fore- 
noon, could not conveniently meet the House, in order to pass the 
Bills, till 5 o'clock this afternoon, when he should be ready to receive 
the House for that purpose. 



Eodem Die, P. M. 

The Governor again sent down the Supply Bill, with a written 
Message to the Assembly, which follows in these Words, viz' : 

A Message from the Governor to the AssemhJy. 

" Gentlemen : 

<' In the present Situation of Affairs, when His Majesty's Ser- 
vice & the defence and Protection of our Frontiers against the 



PROVINCIAL COUNCIL 159 

Indian Incursions the ensuing Summer, require the raising and 
keeping up a Body of Troops to oppose our Enemies and enable the 
General to carry on the Offensive Operations he has wisely planned 
against them, it is not without inexpressible Concern, I find by 
your last \Iessage, that the Supply Bill must of necessity be re- 
jected, unless you will yet agree to insert in it the two Clauses of 
their Lordship's Report, a copy of which I laid before you in 
my Message of Tuesday last. But I flatter myself, Gentlemen, 
that when the Subject Matter of the Dispute between Us respect- 
ing the Bill comes to be fairly stated and understood, none of the 
ill consequences which may ensue from the failure of it can justly 
be imputed to me. 

"I have already told you that I. was not unacquainted with the 
long and various Contests which were agitated between the legisla- 
tive Branches here for several Years after the last War, nor to 
the Evils and Miseries which were entailed on the Frontier Inhabi- 
tants particularly by them, but I was also firmly persuaded that by 
the solemn Determination of the King and Council upon these 
points, all future Assemblies would acquiesce therewith, and that 
all Controversy about them was at an end ; I could not, therefore, 
but be much surprized when, on receiving the first Supply Bill which 
you presented me, I found that it was only in my Opinion contrary 
to those Articles in the Royal Order which I have Objected against 
the present Bill, but by subjecting the Money to be struck to the 
Drafts & Orders of the Assembly only, for defraying what they 
should please to Certify were contingent Charges of the Current 
Year, was contrary also to the fourth Article in the said Order, 
viz': That the Governor's consent be made necessary in every 
Issue and Application of the Public Money. The Bill now before 
me you have, at my instance, been pleased to amend in this last 
particular, & you contend that you have complied with the Intent 
and Meaning of the Lords of the Council in the other two Articles 
with regard to the Taxation of the Proprietary Estate. 

*' Could I concur with you in this opinion, 1 should with the 
greatest joy assent to a Bill which I most ardently wish to forward 
by every means consistent with my Duty. I know of no other cer- 
tain Rule of judging of the intentions of another, than by the 
plain import of the words made use of to convey them, &; agreeable 
to this rule, I am yet persuaded that there needs nothing more than 
to set the Terms of the report in opposition to the Clause in the 
Bill relative to the Taxation of the Proprietary located uncultiva- 
ted Lands and Lots, to demonstrate to every unprejudiced Mind, 
that they convey a Sense and Meaning diametrically opposite one 
to the other. 

"After having again considered, with the utmost care & attention, 
the words of the Second Article of the Decree, which are, * that 
such Lands shall not be assessed higher than the lowest at which 
any belonging to the Inhabitants shall be assessed,' it is strange to 



160 MINUTES OF THE 

me you can possibly conceive tbem to be ambiguous, or want Ex- 
planation. Tbe only construction I can put upon tbem, or tbat 
tbey can bear without torturing, is, that if five, ten, or fifteen pounds 
is the lowest at which any such lands of the Inhabitants are assessed, 
none of the located uncultivated Lands of the Proprietaries shall 
be assessed higher. 

" You, in your Bill and Messages, own that you conceive them 
in a different light. Under this contrariety of Sentiment, I have 
repeatedly proposed & requested of you to insert the veiy Words 
of these two Articles of the Decree in the Bill, not as you insinuate, 
because I hold the Terras of the decree Sacred, when, by other 
Words, you express the Sense & Meaning of the King and Council; 
but as it appears to me in this case to be the only expedient left to 
prevent the loss of this important Bill at a time when perhaps the 
Lives of many of our Fellow Subjects depend on the success of it. 

" The Reason you assign for not coming into this Proposition, 
lest those who are to execute the law should understand this part of 
it differently, & vary in their mode of Taxation, will appear to me 
groundless, so long as I continue my opinion with respect to the 
Clearness & perspicuity of the Terms used in their Lordships re- 
port; Besides, you will please to consider. Gentlemen, that the Pro- 
vincial Commissioners of Appeal, appointed in the Bill, are a stand- 
ing Board, and will ultimately have the right of controuling the 
Acts of the Assessors, and of Judging & Settling any Disputes of 
this kind, and any Supposed triffling inconveniences of this Nature, 
which I cannot think will ever happen, ought not to be put in Com- 
petition, either with the Safety and Security of the Province or 
blood of His Majesty's brave Subjects, which may be Spilt on the 
Frontiers for want of a Law to provide for their Protection and De- 
fence. I therefore once more return you the Bill, and most cor- 
dially entreat you to accede to the measure of inserting in it the 
very Words of the two Articles before mentioned. 

"JOHN PENN. 

« March •23rd, 17G4." 



The several Bills which had received the Governor's assent, hav- 
ing been engrossed and compared, the Governor, by the Secretary, 
required the attendance of the House in the Council Chamber, that he 
might Pass t^iem ; The House accordingly attending, the Speaker 
presented to the Governor the four following Bills, which His Hon- 
our enacted into Laws, and signed a Warrant for affixing the Great 
Seal thereto; They were afterwards Sealed and deposited in the 
Roll's Office, viz'- : 

" 1. A Supplement to the Act entitled ' An Act for taking 
Lands in Execution for the payment of Debts, & for confirming 
partitions in several Instances heretofore made.' " 

" 2. An Act for the payment of £10,947 Sterling, in certain 
rroportions, to the several Colonies in America.'' 



PROVINCIAL COUNCIL. 161 

" 3. An Act for the relief of Samuel "Wallis, a Prisoner in the 
Gaol of Philadelphia, with respect to the Imprisonment of his 
person ;" and 

" 4. A Supplement to the Act entituled ' An Act for the better 
settling Intestate Estates, and for Repealing one other Act of Gen- 
eral Assembly of this Province, entituled ' An Act for amending 
the Laws Relating to the Partition & Distribution of Intestates 
Estates.' " 



Saturday, 21th day of March. 1764. 

In the Evening two Members of Assembly waited on the Gov- 
ernor, and delivered him the following Message, acquainting him 
at the same time that the House intended to adjourn to the four- 
teenth of May next : 

A Message to the Governor from the Assemhly. 

" May it please your Honour : 

" We have considered your Honour's Message of Yesterday af- 
ternoon, sent down to us with our Supply Bill, & are extremely con- 
cerned to find, that notwithstanding His Majesty's Service, and the 
present Situation of our Affairs, which you well describe in the first 
lines of the Message, do so plainly mark the Utility and Necessity 
of passing that Bill, yet, it must, you are pleased to say, be re- 
jected. 

" We are sensible that your Honour did make, to a former Bill, 
the Objection you mention, concerning the incidental Charges, but 
as the House long since dropt that Bill, & out of Zeal for the Ser- 
vice, broke through their Rules, & in the same sitting, prepared & 
presented another Bill free from that Objection, we cannot conceive 
why it is repeated here, unless to swell in appearance, the number 
of supposed faults in the present Bill, with which it has nothing to 
do. 

" It obliges us now, however, to explain that matter. The inci- 
dental Charges of the current Year are well known, and cannot be, 
as your Honour unkindly says, " everything that the Assembly shall 
please to certify to be such " The sum they may amount to, is not 
indeed, so certain, varying a little in different Years, but was al- 
ways, and must be small, compared to the sum granted in the Bill, 
The Course relating to them, even since the Order of Council, has 
been for the Governor to request an Estimate of the particulars, and 
for the House to give it as near as they could ; and his passing the 
Bill after receiving such Estimate, was understood, both by him 
& the House, to be his consent to that Application, and those Is- 
sues. The Clause was inserted in Compliance with that practice, 

VOL. IX. — 11. 



362 MINUTES OF THE 

and yoar Honour might, and would bave bad the Egtimate as soon 
as it could be prepared, on the least Intimation ; but, it seems, jou 
were better pleased with the opportunity yoa supposed it gave you, 
of making some Charge against us, as contravening the foyrtb Ar- 
ticle in the Order of Council, viz'-: " That the Governor's consent 
& approbation be made necessary in every Issue and Application of 
the public Money." It was a matter of so sraail Consequence that 
we did not think it worth a word of " Coatroversy" at such a time, 
and therefore, in the new Bill, totally dropt the Clause, kaving those 
incidental Charges to be provided for in some other way we might 
afterwards agree upo-n, but your Honour ehuses to repeat the Ac- 
cusation, though now so evidently o\jt of time. 

" Yo» are pleased to say, you know of no other eertaJQ Rule of 
judging of the Intentions of another than by the plain import of the 
Words made use of to convey them. We beg leave to point oat 
another rale, and We think a better, l^aws and Oidinanees, tho' 
composed by the Wisest men, in Councils and Parliamenta, prac- 
tised in using the greatest Clearness and Precision, are sometimes 
found to contain ObscuTities &, Uncertainties, which those who are 
to execute them find difficult to clear and settle. It is no Reflec- 
tion on such Bodies to say this; — Every thing human is Subject to 
Imperfection ; — But where the Words are by Construction capable 
of two opposite Meanings, the one manifestly unjust and unequal^ 
and the other perfectly consistent with Justice and Equity, we con- 
ceive it a good rule to Judge that the intention is with the latter. 
Respect to the Body forming such Law requires it — Con>mon Can- 
dor demands it. Now, in the present Case, the Intention of the 
Lords of the Council in certain Words by them made use of, is ta 
b-e judged of by your Honour and the x\ssembly. In order to form ai 
Law agreeable to them, The House, in the Bill, put a Construc- 
tion on them conformable to common Justice and Equity. Your 
HoQour was pleased to tell us that the Words have a very different 
meaning, but for some time refused to say what you conceived that 
Meaning to be, insisting on our using the very Words, v/itbout Ex- 
planation. It was not till after three Messages, requestiiig your 
Honour's judgment of that meaning, and several days spent in 
our Endeavours, that we have been able to obtain it, and now 
that we have it, and consider it, do not wonder it should be 
so long refused. It is at length this, ' Thait if five, ten, or 
fifteen Pounds, is the lowest at which any such [i. e. located 
uncultivated] Lands of the Inhabitants are assessed, none of the 
located uncultivated Lands of the Proprietaries shall be assessed 
higher.' Had we been fortunate enough to have used these words 
in our Bill, we now have reason to believe your Honour would not 
have referred us back to the verry Terms of the Report, and insisted 
that any Amendments or additions of ours would rather tend to 
perplex than explain those Terms. Bat your Honour must know 
that many of the located uncultivated Lands belonging to the Ib- 



PROVINCIAL COUNCIL. 163 

habitants caEnot, from the Nature of them, be, in Justice, assessed 
higher than five Pounds par huudred Acres, while the best of their 
Lands must, by the Law, be assessed at Fifteen Pounds ; And can 
your Honour think it just that because the worst and least Valuable 
of the people's Lands are Raited at five Pounds, the best and most 
valuable of the Proprietaries' Lands should be assessed no higher, 
when it is well known they select and locate the best in every new 
purchase before the people are allowed to take up any. Your 
Honour will not say this, because it is inconsistent with all our No- 
tions of common Honesty. The same modesty which so long pre- 
vented Your Honour's confessing to us your opinion of the meaning 
of thos.' words in the Order of Council, will prevent your insisting 
on tlie meaning as a just one ; And for our parts, we dare not put 
so iniquitous a C'onstruction on their Lordship's words — Respect 
and Decency forbid it. 

"Your Honour tells us that you cannot, 'consistent with your 
Duty,' pass this Bill. If Duty to the Crown is meant, can your 
Honour seriously attempt to persuade us that the Crown will be 
offended with a Proprietary Governor, for giving up an unjust Pro- 
prietary Claim to partiality in Assessments, in favour of Proprie- 
taries private Estate, where no point of Government or Prerogative 
of the Crown, is concerned? But perhaps your Honour means 
Duty to the Proprietaries, as your Honoured Father & Uncle ; if 
so, we must allow that Duty well supported and enforced by your 
own private Interest, for such a partiality in favour of Proprietary 
Estates, must not only be extremely agreeable to the present Pos- 
sessors (from our acquaintance with them for some Years past, we 
speak it), but, if it can be established, will be highly advantageous 
to their Posterity. 

" Your immediate Predecessor, Governor Hamilton, assured a 
former As,sembly that ' nothing was further from his Thoughts, 
than to desire that the Proprietaries Estate should be exempted 
from paying a proportionable part of the Supplies for the current 
Service,' and ' that it was of the Essence of free Governments, 
that the money raised for public Services should be assessed equally 
upon all Ranks and Conditions of Men, otherwise the highest In- 
justice may be committed under the Sanction of Law.' There 
seems now some Reason to apprehend that these equitable Senti- 
ments of that Gentleman might possibly have a Share in occasion- 
ing his removal; and we Shall not wonder if your Honour, from a 
nearer connection with the Proprietaries, has imbibed others ex- 
treamly different. 

" The Inconvenience we mentioned that might arise from the 
Assessors of the different Counties, differing in their Opinion of the 
Meaning of the terms you require in the Bill, your Honour appre- 
hends will be removed by means of the Provincial Commissioners 
of Appeal, which we own we do not see. The Assessors of dif- 
ferent Counties may not only fall on different modes of Taxation, 



164 MINUTES OF THE 

as they differently understand those unexplained Terms, but should 
half the Assessors in one County understand them one Way, and 
the other half the other, no Tax can be laid, or Money raised, in 
that County till they agree. The Provincial Commissioners of 
Appeal, too, being nine, and five of them a Board, three of which 
can determine, may, being of different Opinions, give different 
Judgments at different Sittings, as often as three, the Majority of 
a Board, happen to be taken from those who are of one or the other 
Opinion ; besides, though the Assessors below should, from a right 
understanding of the unexplained Words, act rightly, if the Pro- 
vincial f'ommissioners, for want of Explanation, understand the 
Words in a wrong sense, they may, on Appeals, overthrow every 
right Assessment in the Province. In short, we conceive that much 
Confusion must arise from the using of Terms in a Law that the 
Governor &, Assembly both declare they understand so differently. 
We may both be separately clear in our Conceptions of their mean- 
ing, but our differing so widely in those Conceptions, seems to in- 
dicate at least some ambiguity or Obscurity in the Terms ; and we 
believe this is the first time that ever the enacting an Ob.scurity in 
the Law was insisted upon, in hopes that some who were to exe- 
cute it, might possibly see more clearly thro' it than the Legislature 
themselves. 

" Your Honour is pleased to profess great Concern for the 'safety 
and security of the Province, and for the blood of his Majesty's 
brave Subjects, which may be spilt on the Frontiers, for want of a 
Law to provide for their protection,' and yet refu.se to pass this Bill, 
unless gross partiality in taxing is established by it in favour of the 
Proprietary Estates. 

"You have twice told us 'that you are not unacquainted with 
the long & various Contests on this Subject, that have been agitated 
between the Legislative Branches here, nor with the Evils and Mis- 
eries which were entailed on the Frontier Inhabitants by those Dis- 
putes.' As you must then know that those Contests arose solely from 
Proprietary Injustice, you cannot be ignorant to whom all those 
Evils and Miseries ought to be imputed, And on a little further 
reflection, will find that you do really 'flatter yourself,' as you well 
express it, when you imagine that none of the ill Consequences 
which may ensue from the failure of this Bill, can justly be impu- 
ted to you. Your Honour has refused to pass at present, and our 
Affairs lay us under a necessity of making an Adjournment; but 
we now acquaint you, that the Bill continues to lie ready for your 
Assent, and that we shall chearfully return on your Summons when- 
ever, upon more mature Consideration, you shall find yourself will- 
ing to enact it into a Law. In the meantime, if any ill Conse- 
quences ensue from the Delay, they will undoubtedly add to that 
load of Obloquy & Guilt the Proprietary Family is already bur- 
dened with, & bring their Government (a Government which is 
always meanly making uae of public Distress, to extort something 



PROVINCIAL COUNCIL. 165 

from the people for its own private Advantage), into (if possible), 
«till greater Contempt. 

'* For our own parts, we consider the Artifices now using, and the 
Steps taking to enflame the Minds of unthinking people and excite 
Tumults against the Assembly, as concerted with a view to awe us 
into Proprietary Measures. But as these Seats were given us from 
no Solicitations of ours, and as we have no private Interest to serve 
by retaining them, nor any pleasure in the Possession of them, we 
are very willing to quit them whenever our Constituents think pro 
per to relieve us, by chusiog other Representatives, which our annual 
Elections give them frequent Opportunities of doing. And for the 
present Safety of the Persons and Properties of the good People of 
this Province, since the Governor will not pass the equal Militia 
Bill we offered him, but upon Terms of great Addition to Proprie- 
tary power, which we hope and are persuaded no future Assembly 
will agree to, we must for the present depend on ourselves and our 
friends, and on such protection as the King's Troops can afford us, 
which we hope, by the Blessing of God, will be sufficient to defend 
us till his Majesty shall graciously think fit to take this distracted 
Province under his immediate Care & Protection. 
" Signed by Order of the House, 

"ISAAC NORRIS, SpeaJcen 

■" March 24th, 17 G4." 



New Castle, Monday 26th March, 1764, P. M. • 

The Governor received a verbal Message from the Assembly, by 
three Members, that the House had met on the 20 Instant, pursuaut 
to their Adjournment, & had proceeded upon Business agreeable to 
his Honour's desire, intimated to the House by a Letter to the 
speaker, and that they desired to know if the (rovernnr had any- 
thing to lay before them; To which his Honour made answer that 
he had nothing in particular to recommend to them at present, but 
to go on with the Business they had begun, which he hoped would 
be in his power to finish to their Satisfaction. 



Tuesday, 27th March, 10 o'clock, A. M. 

The Governor acquainted the House, by the Secretary, that be 
proposed to speak to them this forenoon, anddesired their attendance 
for that purpose at his Lodgings at 11 o'Clock. The Speaker and 
the whole House attending accordingly, the Goveruor made them a 
speech, which follows in these words : 



166 MINUTES OF THE 

" The Speech of the ITonourahle JOHN PENN, Esqwire-,. Lieu- 
tenant Governor of the Comities 0/ Neiocastle, Kent, and Sussex 
upon Delaicare, and Province of Pennsijlvania, To the General 
Assembly of the said Counties. 

Gentlemen : 

" The Honourable Proprietaries having been pleased with Hi& 
Majestie's Royal Approbation, to appoint me to the Government of 
the Counties of Newcastle, Kent, and Sussex, on Delaware, I am 
glad of this opportunity of Meeting in Assembly the Representa- 
tive Body of a people who have on all Occasions distinguished 
"themselves by their Zeal for the Service of their King & Country^ 
& their regard and affection for the Proprietary Family. 

" xls I have nothing at present in Charge from the Crown to lay 
before you, nor from the Proprietaries, but to assure you of their 
particular Esteem, and that it will give them a sensible pleasure to 
promote the Welfare and Happiness of the good people of this 
Government, I shall now only recommend it to you. Gentlemen, to 
consider of and prepare such Bills as you, from your Experience & 
Knowledge in publick affairs, judge useful and necessary for your 
Constituents; I'he Harmony and good Understanding, which have 
so long and happily subsisted between the Legislative Branches 
here, have principally been owing to a due and constant attention 
to the civil and Religious Rights of the People, without attempting 
to invade the Royal prerogative, or trample on the just Rights of 
Government; W hile you continue (as I doubt not you will) to act 
on these wise principles, you may be assured that you cannot be 
more Ready in asking than I shall be in granting any thing that 
can tend to the Peace, Security, and Happiness of this Govera- 
ment. 

" March the 27tb, 1764." 



Tuesday, 27th March, 12 o'Clock, A. M. 

The Assembly, by three Members, sent to the Governor for his 
perusal and Concurrence, a Bill entituled ''An Act for suppressing 
Idleness, Drunkenness, k other Debaucheries, within this Govern- 
ment." 



Wednesday, 28th March. 

Three Members waited on the Governor and acquainted him that 
the Mouse had prepared an address, which they intended to present 
to His Honour, and desired to knfgn when he would be pleased to 



PROVINCIAL COUNCIL. 167 

E'eeeivc the same. The Governor answered that lie would lie ready 
for that purpose iniuiediately. 

The Heuse haviug accordingly waited on the Governor at His 
Lodgings, the Speaker delivered an Address to Hs Honour in the 
followieg Words, viz'-; 

An Jdtkiress of iJie As»smbf^ m Answer to die Governor's Speech. 

■" May it please your Hoaour; 

" iVe, His Majesty's dutiful and Loyal Subjects, the EeprescH- 
lativos of the Freeraee of the Governuient of the Counties of New- 
Castle, Kent and Susses, upon Delaware, do, vs'ith all imaginable 
Chearfiiluess, lieturn your Honoiij- our most humbl-s Thanks for 
your Kind & afieetionate Speech to this House. 

" We beg leave to euibrtice this first opportunity to congratulate 
your Honour on your Appointuieat to, and safe arrival m this Gov- 
ernment; aad to assure roar Honour that a Gentleman of your 
good Character, and one so nearly related to our worthy and hon- 
ourablij Proprietors,^ being chosen the Successor to our late Gever- 
nor, Mr. Hamilton, whose mild and just administration had greatly 
endeared hioi to the good People we iiepresent, give us the greatest 
Pleasare. 

" The Assurances our Honourable Proprietors are pleased to 
give us of tkeic approbation of the Conduct of the Representatives 
of the People of this Government heretofore, and of their Esteeni 
for and desire to p.r0raote the Welfare and happiness of our Coa- 
stituents, atford us a very singular Satisfaction, and must be very 
agreeubl<3 to theni. We hope always to act in such a manner as to 
merit the continuacee of their good Opieion. 

" We acknowledge ourselves under the greatest Obligations to 
your Honour for your promises of a careful and diligent administra- 
tion for the publick good, which we think ourselves sufficiently se- 
cured of by your kiad Engagements and good disposition j And 
confess with the greatest joy, that you have assured us of all we can 
wish, aed Recommend to us all we ought to desire, and we doubt 
not your good Intentions will procure yourself & the people you 
preside over, the ga-eatest Happiness during your Goverament. 

" Permit us , Sir, in Return, to declare our Steady & constant 
Resolutions to support equally the Royal Prerogative and the Rights 
and l^iberties of the Subjects, to the utmost of our Power; to pre- 
serve that Harmony and good Understanding between the Legisla- 
tive Branches here, which is so essentially necessary for the Dis- 
patch of RusiGess, and to make your Administration easy and 
agreeable. 

" Signed by order of the House, 

'' JACOB KOLLOCK, Speaker. 

" JIarch 27th, 1764." 



168 MINUTES OF THE 

To wbich the Governor was pleased to Return the following 
Answer : 

" Gentlemen : 

" I am much obliged to you for this Kind and Affectionate Ad- 
dress. The Resolutions you have taken to support the Prerogative 
of the Crown, as well as the rights and Liberties of the Subject, will 
justly Recommend you to His Majesty's Favour, As you may be 
assured it will give me a particular Satisfaction, at all times, to co- 
operate with you in promoting the Welfare and prospeiity of this 
Government." 



Eodem Die, A. M. 

The House presented to the Governor for his Concujrenee a Bill 
entituled "An Act appointing new Trustees for the Sale of Lots in 
the Town of Dover." 



Thursday, 29th March. 

A Bill entituled " An Act for the? more easy and speedy re- 
covery of Legacies," was sent to the Governor for his perusal and 
concurrence. 



Friday, 30th March. 

The Hotise sent to the Governor, for bis Concurrouce, three Bills^ 
estitaled as follows, viz'-: 

"An Act appointing new Trustees for the Several General Loaa 
Offices of this Government." 

"A Supplement to an Act entituled 'An Act entituled 'An Act 
for Banking and Draining a quantity of Marsh in the County of 
New Castle, commonly called Cherry Island Marsh." 

"A private Act for the embanking of the Marshes and Cripples 
on Hangman's Creek, in Appoquinimiuk Hundred, in New Castle- 
County, &ca." 



Saturday, 31st Mareb. 

The Asserjably sent up two Bills for the Governor's Concurrence j • 
one entituled " A Supplement to the Act entituled 'An Act for the 



PROVINCIAL COUNCIL. 169 

better regulating of the Supream Court within this Government, & 
for aiding the discontinuance of the process therein j" And the other 
"A Supplementary Act for the Amendment of an Act eutituled 'An 
Act for the better regulation of the Roads in Newcastle County.' " 
The Grovernor, by the liSecretary, Returned to the House the 
Eight several Bills sent up for his Concurrenca^ which are eutituled 
as follows, with his assent to the first four, and a few Amendments 
to the four latter, viz'-; 

1. " An Act for Suppressing Idleness, Drunkenness, and other 
Debaucheries, within this Government." 

2. '* An Act appointing new Trustees for the sale of Lots in the 
Town of Dover." 

3. "An Act for the more easy and Speedy recovery of Legacies." 

4. "An Act appointing new Trustees for the Several General 
Loan Offices of this Government." 

5. "A Supplement to an Act eutituled 'An Act for banking and 
draining a Quantity of Marsh in the County of New Castle, com- 
monly called Cherry Island Marsh.'" 

6. "A private Act for the embanking of the Marshes & Cripples 
on Hangman's Creek, in Appoquinimink Hundred, in New Castle 
County." 

7. '• A Supplement to the Act entituled ' An Act for the better 
regulation of the Supream Court within this Government, and for 
aiding the discontinuance of the Process therein ;' " And 

8. " A Supplementary Act for the Amendment of an Act inti- 
tuled * an Act for the better regulation of the Roads in New Castle 
County." ' 



Eodem Die, P. M. 

Three Members waited on the Governor and acquainted him that 
the House had acceded to his Amendments to the Four Bills. 

The Governor in the Evening required the attendance of the 
Speaker &, the House, in Order to pass the said several Bills. 
They accordingly attended, & the Speaker presented the Eight Bills' 
before mentioned, which the Governor enacted into Laws, and 
signed a Warrant for affixing the Great Seal thereto. The Speaker 
then acquainted the Governor that he was directed by the House to 
return their Thanks to His Honour for the great dispatch he had 
given to their Business ; and at the same time delivered him, as a 
present, Orders on the Trustees of the General Loan Offices, for 
£200. 



170 MINUTES OF THE 



At' a Council held at Philadelphia, on Wednesday, the 11th 
April, 1764. 

present: 
The Honourable aTOHN PENN, Esquire, Lieutenant Governor, 



Esq^ 



&ca. 

Ptichard Peters, William Logan, 

Thomas Cadwalader, 

The Grovernor informed the Board that the Commissioners had 
made Application to him b)^ the Secretary to take immediate 
Measures for the removal of the Indians now in the Barracks here, 
and send them to Sir William Johnson, or elsewhere, for that the 
maintenance of them here was found to be a very heavy expcnce to . 
the Province, and that if they are not permitted to go into their 
own Country, in order to plant Corn and make provision for their 
future Subsistence before the Season is too far advanced, it would 
be incumbent on us to support them till next Spring at the public 
Expence. 

His Honour therefore proposed this matter to the Consideration 
of the Council, and laid before them several Letters which he had 
received in answer to what he had wrote to Sir William Johnson 
on this Subject, viz'' : Sir William Johnson's Letter dated 27 
February, 1764 ; Gov'' Coldens of the 25 March last, inclosing 
Minutes of the Council Board at New York of the same day, and 
a Letter from General Gage, dated the 9 of March, which last was 
ordered to be entered on these Minutes, and fuUows in these Words, 
viz'' 

Ji Letter from General Gage to the Governor. 

'' New York, March 9th, 1764. 
" Sir : 

" I take the Liberty to give you my Sentiments about the dispo- 
sal of the Indians at Philadelphia, whom you had thoughts of send- 
ing up the country to their own homes; such a measure in Our pre- 
sent circumstances might prove greatly Prejudicial to our Affairs. 
The resentment of those Savages must be Strong against us for the 
miserable Fate of the poor Wretches who were murdered at Lan- 
caster, and for the attempt made on their own Lives; tho' they 
have been so kindly treated by the Government of Pennsylvania, 
it's to be feared that Revenge for the injurys received from the peo- 
ple will out weigh the Gratitude they owe the Legislature, for the 
care and protection afforded them, and they might set this affair in 
such a light before the Six Nations, as would make a change in the 
present good disposition of those Indians towards us, which at pre- 
sent is as friendly as we can wish or expect. Those Savages are 
now in our power ; they are a sort of Hostages for the behaviour 
of their Nations, and effectually prevented from doing Mischief 



PROVINCIAL COUNCIL. 171 

themselves. If the retaining them at Philadelphia should make 
you apprehend further Insurrections amongst the Inhabitants, I 
make no doubt that Governor Franklin would Receive tiiem in the 
Jerseys, & by placing them in the Barracks at Burlington, they 
would be removed out of the way of the People of Pennsylvania, 
and proper care be taken of them. 

" I have the pleasure to acquaint you that a party of our Friendly 
Indians, meeting with a body of Delawares, on the main branch of 
Susquehanna, on their way against some of our Settlements, they 
surprized the Delawares in their Camp, and made the whole Pri- 
soners, to the number of Forty-one, After which they bound them, 
& sent them, under an Escort, towards the Mohock River. 

" When your Assembly shall have settled the Supply Bills, I 
shall be glad to hear from you the first opportunity. 
"I am, with great Regard, Sir, 

" Your most Obedient humble Servant, 
"THO^ GAGE. 

" Hon'ble Lieut'- Gov'- Penn." 

The Governor, thereupon, desiring the Opinion of the Council, 
they advised him to call a Meeting of the Commissioners to-Mor- 
row Morning, and after laying before them the Said Letters, ask 
them (as it appears by that from Gen'- Gage to be his Sentiments, 
that the Indians should be still kept here under the Protection of 
this Government), whether they are willing to defray the Expence 
of their further maintainance, if he should think it necessary to 
continue them here a longer time, and afterwards, that his Honour 
would take his Measures accordingly. 



24th April, 1761. 
MEMORANDUM. 

The Governor was acquainted that the Courts of Quarter Ses- 
sions and Common Pleas were to be held at Lancaster, the 1st Tues- 
day in May next; and at Reading, for the County of Berks, on the 
Tuesday following, and that in the latter there was a necessity of 
increasing the number of Justices, there being but eight in the 
whole County, of which only one lived in the Town of Reading; 
His Honour, therefore, this day issued two separate General Com- 
missions of the Peace under the Great Seal, the one appointing 
the following Persons Justices of the Peace & of the Common 
Pleas of and for the County of Lancaster, viz'- : 



172 



MINUTES OF THE 



"Emanuel Carpenter, Calvin Cooper, 

" Isaac Saunders, Adam Reed, 

"Edward Shippen, The'. Foster, 

" William Jevon, James Burd, 

" Adam Simon Kuhn, Isaac Richardson, 

" Robert Thompson, John Hay, 

" Andrew Work, Zaccheus Davis, 

" Jn"' Allison, W™- Hamilton, 



" James Hamilton, 

" William Till, 

" Benjamin Shoemaker, 

" Lawrence Growden, 

" Joseph Turner, 

" William Logan, 

" Richard Peters, 

" Lynford Lardaer, 

" Benjamin Chew, 

" Thomas Cadwallader, 

" Richard Penn, 



>Esqu 



ires. 



>Esquires, Members of Council." 



In the other Commission, the following Persons were appointed 
Justices of the Peace and of the Common Pleas ot and for the 
County of Berks, viz'- : 

The Members of the Governor's Council as before; & 

" Jonas Seely, Thomas Rutter, 

" William Maugridge, Jacob Morgan, 

" Peter Spyker, James Deimer, 

" Jacob Levan, John Patton, J- Esquires." 

" James Read, George Douglass, 

" George Webb, Henry Christ, 
" Joseph Millard, 



At a Council held at Philad*- on Friday the 27th April, 1764. 

PRESENT : 

The Honourable JOHN PENN, Esq'- Lieuten'- Governor. 

William Logan, Thomas Cadwalader, ") -p, „. 

Benjamin Chew, Richard Penn, j " 

The Governor laid before the Board the Records of Conviction of 
three Persons for Burglary at a Court of Oyer and Terminer, and 
General Goal Delivery, held at Philadelphia on Tuesday the 10th 
day of this instant, April, before William Coleman and Alexander 
Stedman, Esquires, two of the Justices of the Supream Court, 
which were certified by the Clerk of the said Court, and it appears 



PROVINCIAL COUNCIL. 173 

by one of tlie said Records, that on the twelfth day of this Instant, 
April, William Frederick Handenreid was tried and convicted of 
Felony & Burglary, committed in the House of Thomas Clifford in 
the City of Philadelphia, the 28 day of February last, and had re- 
ceived Sentence of Death for the same ; By another of the said 
Records it appears that on the thirteenth day of this Instant, 
April, John Williams, otherwise called John Hines, was tried and 
convicted of Felony and Burglary, committed in the House of Wil- 
liam Johnson, in the said City, the 1st July, 17G3, and had like- 
wise received sentence of Death for the same; and by the other of 
the said Records, it appears that on the 17 day of this Instant, 
April, John Brinckloe, otherwise called John Benson, was tried and 
convicted of Felony and Burglary, committed in the House of 
Lydia McCall, in the said city, on the 10 day of February last, 
and had also received Sentence of Death for the said Crime. 

It being considered that the Inhabitants of the City have been 
put into great Terror on account of the late Robberies, and the 
Justices of the Supream Court not having reported any Circum- 
stances in favour of either of the said Criminals, nor said anything in 
their behalf, the Grovernor signed three separate Death Warrants 
under the Lesser Seal, for their Execution on Saturday the 5 of 
May next. 



At a Council held at Philadelphia, the 9th of May, 1764. 

TRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c*- 

Richard Peters, Lynford Lardner, > „ „ 

Benjamin Chew, Thomas Cadwalader, 5 ^^ 

The Examination of Doctor W""- Frederick Autenreit (or Han- 
denreid), one of the Three Criminals now under Sentence of Death 
in the Gaol of Philadelphia, taken the 4th Instant before the Mayor, 
was read, & being duly considered, the Council were of Opinion 
that there was some reason to doubt the Truth of several matters it 
contained, and therefore advised the Governor to issue a Warrant 
to respit the Execution of Brinckloe for another Week, but that 
he be carried with the other two, Autenreit and W^illiams, to the 
Gallows on Saturday next, and there treated as if all three were to 
be executed ; and that when the other two are executed, Brinckloe 
should be taken away from under the Gallows, and carried back to 
Gaol, to wait the Governor's further Consideration of the matter, 
particularly Autenreit's, persisting or not in his Acquittal of said 
Brinckloe, in his Confession or Declaration at the Gallows, be- 
fore his Execution; And it is so ordered accordingly by the Gov'' 
and that on Delivery of the Warrant to the Sheriff, for respiting 



174 MINUTES OF THE 

the Execution of Brinckloe, he be enjoined Secrecy with respect to 
the Warrant till the other two are executed. 

The Draught of a Charter for incorporating Trustees for New- 
Castle County, was read and referred to a further Consideration. 



"Wednesday, 16th May, 1764, A. M. 

Two Members of Assembly waited on the Governor and ac- 
quainted him that the House had met according to Adjournment, 
& desired to know if he had any Business to lay before them ; to 
which His Honour made answer, that whatever matter he had to 
recommend to them, he should communicate to the House by the 
Secretary Sometime to-Morrow. 



Thursday, 17th May, A. M. 

' The Governor sent by the Secretary a written Message to the 
House, which follows in these words, viz'-; 

A Message from the Governor to the Assembly. 

'' Gentlemen : 

" The Adjournment of your House; immediately on the delivery 
of your Message of the 24th of March last, deprived me of an op- 
portunity of answering it till your present Meeting, and as I am 
not fond of Contention, and was sincerely disposed to cultivate Har- 
mony and a good Understanding with you, I am verry sorry that 
the unwarrantable Freedom with which you have treated not only 
my Character, but those of the Proprietaries themselves, and the 
unfair state which I apprehend you hate made of the late dispute 
between us respecting the Supply Bill, will not now suffer me to let 
that Message pass unnoticed. 

" As Facts are stubborn things, and truth does not stand in need 
of any Colouring or Disguise, nothing \z more necessary, in order 
to set the controversy between us in its true light, than to take a 
short and summary Review of the Transactions which gave rise 
to it. 

*' In the Year 1700 an Act of Assembly of this Province, by 
which Supplies were granted to His late Majesty, was declared by 
the King, in Council, to be fundamentally wrong and unjust, in 
six several Articles, and therefore about to be repealed. Upon 
this Mr. Franklin (now a Member of your House) and Mr. Charles, 
who were your Agents in England, Solemnly engaged, on the part 
of the Assembly, that the House should, by a new Bill; amend the said 



PROVINCIAL COUNCIL. 175 

Act, and make it conformable to the written Articles in the report 
of the Lords of the Council, if His Majesty would be graciously 
pleased to suffer the Act to remain unrepealed. Confiding in this 
Engagement, the King suspended the Kepeal of the Act, and 
the Agents signed a Stipulation, entered in the Council Books, 
of the import above mentioned. Till the present Bill made 
its Appearance, the Assembly never would agree to comply with 
the Stipulations of their Agents as to any one of the Articles 
in the Decree, notwithstanding they were frequently pressed to 
it by my predecessor. At length you thought proper to make your 
Bill correspond with four of the said articles, and strenuously in- 
sisted that you had inserted in it the true Sense and Meaning of 
the other two also. In this I was so unfortunate (or, as you seem 
to think, criminal,) as to differ in judgment with you. On consi- 
dering the two Articles of the decree, the words of which I at first 
conceived, and yet am of Opinion are so clear and explicit as not 
possibly to admit of a double Construction, and comparing them 
with your Bill, I found you had explained away the meaning of 
them by a Clause directly contrary to the plain import of the terms 
made use of by the King in Council. As a Colour and pretence 
for so strange a Conduct, you were happy enough to discover that 
Laws and Ordinances, though composed by the wisest Men, in 
Councils and Parliaments, practised in using the greatest clearness 
and precision, are some times found to contain Obscurities and Un- 
certainties, and that every thing human is subject to imperfection, 
and conclude modestly, with making the Application to the contro- 
verted Articles in the Decree, which, you contend, require Addi- 
tions and Explanations to be made to them by you to Reconcile 
them to common Justice & Honesty. Give me leave, here, Gentle- 
men, to ask you a few Questions. Were not learned Council em- 
ployed and fully instructed by the Agents aforesaid, on the part of 
the Assembly, to advocate the Supply Bill of 1759? Were not 
those Counsil twice fully heard before the Lords of Trade and the 
King and Councel antecedent to the Decree ? Did not the Agents 
understand the Force and Meaning of the Strong and expressive 
words of the second and third Articles, previous to their signing 
the Stipulation above mentioned 'i If they entertained a notion that 
they were ambiguous, why did they not then object to them when 
they might have had their doubts removed upon the Spot ? As 
your House is principally composed of the same Members now, as 
have been the Representatives of the People of this Province for 
many Years past, why were not the Objections lately made against 
those parts of the Dcicree pointed ovit and urged to Mr. Hamilton, 
as reasons for not coming into the measure, when he repeatedly sol- 
licited you to comply with the Stipulations of your Agents? A 
Controversy on those points, then, would have been productive of 
none of the fatal consequences which now threaten us, as other 
means than those of a Land Tax, were fallen on to raise Supplies, 



176 MINUTES OF THE 

and the matter, long before this Time, would have been settled on 
the other side of the Water. On the Contrary, why have these Ob- 
jections been treasured up and kept in Reserve till this critical pe- 
riod, when we daily expect a renewal of the Incursions of the Sav- 
ages on our Frontiers, and our back Inhabitants must be left desti- 
tute and defenceless, an easy prey to their Enemies, without Sup- 
plies are raised for their Protection ? 

'* As to the Equity and Justice of the decree, I should think I 
justly subjected myself to the Charge of offering the highest affront 
to, and flying in the Face of that«Supream and august Judicatory 
who pronounced it, were I to enter into any Arguments with You 
in support of it. It will not, I presume, be denied, that the King, 
in Council, has alegal& constitutional power of judging, and finally 
determining the fate of all Laws passed by the Legislature here. They 
have exercised that Jurisdiction on a Bill of a similar Nature with that 
you lately presented to me, and have laid down certain Rules in 
their Decree, on which others ought to be found for the future. You 
will excuse me in saying that I cannot, reasonably, or with Decency, 
suppose that you were either ignorant of the Ileal merits of the Sub- 
ject they undertook to judge upon, or that they meant, or intended 
any thing more or less than they have been pleased, plainly to ex- 
press in their judgment. While that decree, therefore, remains un- 
reversed, I am, and shall always think myself indispensably bound, 
in Duty, not to vary from it, though it should, or should not, im- 
mediately Reliite to the Prerogative only. 

" In a former Message I alledged that I knew of no other certain 
rule of judging of the Intentions of another, than by the plain im- 
port of the Words made use of to convey them ; But, in your last 
Message you are pleased to tell me that you beg leave to point out 
to me another Rule, and you think a better, which is, that where 
Words are, by construction, capable of two opposite Meanings, the, 
one manifestly unjust and unequal, and the other perfectly consist-' 
ent with Justice and Equity, you conceive it a good Rule to judge 
that the intention is with the latter; Your manner of Reasoning in 
this Instance, I confess, appears to me as extraordinary as in most 
other parts of Your Message. The rule I laid down, is expressly 
confined to the case where the Words made use of are plaiu 
and clear; and in order to establish a better Rule in its stead, you 
shift the Question, and state a different Case, where the words are 
not plain, but ambiguous, and admit of a double Construction. 

" To close this disagreeable Subject, Gentlemen, I comfort myself 
with the Solid Reflection, that in order to forward His Majesty's 
Service, and to avoid further Debate respecting the meaning of the 
Decree, and facilitate the passage of a Bill so necessary for the se- 
curity of the Province, I have made you the only proposal in my 
Power, consistent with my duty to the Crown, namely, to insert in 
the Bill the very words of the Second & third Articles of the De- ji 
cree, and let the Assessors judge of the Sense of them in the first 



PROVINCIAL COUNCIL. 177 

instance, Subject to tbe controul of the Provincial Commissioners 
of Appeals, if they do wrong. The Objections you were pleased to 
make to this were, that the Assessors of the different Counties might 
differ in their Modes of Taxation, or might be equally divided in 
their Opinion upon the Construction of the Words of the Decree, 
and 50 no Tax be laid at all ; or, even if the}' should act rightly, 
the Commissioners of Appeals might understand the words in a 
■wrong Sense, and overthrow every right Assessment in the Provincet 
I shall only observe, that in support of your Cause, you are com- 
pelled to carry your Suppositions a great way, indeed, far beyond 
the Bounds of Probability or Reason, in a case which appears to me, 
as I have often said, plain beyond a doubt. 

" As to the abuse and Obloquy which you have taken the 
liberty, with so lavish a hand, to bestow on the Proprietaries 
in your last Message, and the Censures you have passed on ray 
Conduct (for no other Reason than that I have esteemed it my 
Duty to yield Obedience to the royal Decree) they are groundless 
and without any just Foundation ; therefore I shall pass them over 
with the silent Disregard they deserve. The Rules of good Breeding 
will always restrain me from retorting on you in the same way; 
And a Steady resolution to discharge the Station I have the Honour 
to fill with fidelity and Justice to the good people of this Province, 
will, I trust, never suffer any Affronts that may be offered me to 
influence my Administration, or interfere with the public Welfare. 

"I cannot conclude, Gentlemen, without once more recommend- 
ing it to you to considering, with that Temper and Moderation which 
is so essentially necessary to publick Councils, in what manner Sup- 
plies may be best raised, not only to answer the purposes for which 
they were demanded by General Gage at your last Meeting, but 
also to keep up a Sufficient Force to guard the Frontiers, and pay 
the large Arrears already due to the Troops who have been employed 
on that Service. 

"JOHN PENN. 

" May 17th, 1764." 



Friday, 18 May. 

The House sent up to the Governor for his Concurrence, by two 
Members, the Bill entituled "An Act for granting to his Majesty 
the sura of Fifty-five Thousand, and for striking the same in Bills 
of Credit in the manner hereinafter directed, and for proving a Fund 
for sinking the said Bills of Credit by a Tax on all Estates, real 
and personal, & Taxables within this Province," which the Gor- 
crnor finding to be the same Bill to which he had refused his Assent 
during the last Session of Assembly, ordered the Secretary to return 

VOL. IX. — 12. 



178 MINUTES OF THE 

it immediately, and acquaint the House that, having the same Ob- 
jections to it as before, he could not agree to pass it. 



At a Council held at Philad^- on Thursday, 24th May, 1764. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c*- 

James Hamilton, Lynford Lardner, ^ ^ 

Richard Peters, Benjamin Chew, ^ ^ 

The Governor laid before the Board a Bill which the House of 
Assembly sent up on Friday last for his Honour's concurrence, en- 
titulcd "an Act for granting to His Majesty the Sum of Fifty-five 
thousand Pounds, and for striking the Same ib Bills of Credit iu 
the manner herein after directed, and for providing a Fund for sink- 
ing the said Bills of Cre lit by a Tax on all Estates, Real and per- 
gonal, and Taxables, within this Province," which being read and 
Considered, it appeared that the Assembly had omitted to comply 
with the Stipulations of their Agents, by not inserting in the Bill 
a Clause to amend and alter the Supply Bills of the years 1759 & 
1760, go as to make them conformable to the Royal Decree. 



A Petition to the Governor from Richard Hockley and Edmund 
Physick, Esq"' was also read and is as follows: 

" To the Honourahle JOHN PENN, Enquire, Lieutenant Gov- 
ernor of the Province oj Penni<i/Luania, &ca.: 

"The Petition of Richard Hockley and Edmund Physick, receiv- 
ers General of the said Province, Humbly Sheweth : 

"That your Petitioners have heard that a Bill for granting to 
His Mtijesty the Sum of £55,000 was lately presented, and is now 
before your Honour for your Concurrence, in which it is required 
of us to render an account of the Proprietary Estate in the Several 
Townships and Counties throughout this I'rovince, within the Terra 
of Fifteen days after a certain List mentioned in the said Bill may 
be brought to us for that purpose. 

"Upon which occasion, we beg leave to represent to your Honour 
our inability to perform this Duty, humbly conceiving the thing 
required impossible by any means in our power; this we presume 
will be manifest, more especially in respect to the Quit Rents, when 
you consider it Supposes us a knowledge of the particular Bounds 
of each County and Township within the Province, and of the names 
of Persons who possess particular Tracts of Land within those 



PROVINCIAL COUNCIL, 179 

Townships; These matters, it is true, are in general known to us 
upon the issuing of a Patent, which is entered when granted, with 
these several Circumstances, iu the Patent Book, but in a Short time 
these Circumstances change. The Patentee sells his Land to other 
Persons without our knowing anything of the matter. The Town- 
ships get divided, and that district which was formerly called by one 
name, has now perhaps got several names ; in like manner the 
Counties have been altered and divided, & new names applied to 
them. We hope, therefore, that these reasons will convince your 
Honour of the Impossibility of our forming such an Account as we 
apprehend may be expected of us by the Bill before you. 

" Yet, though we cannot ascertain the particular Sum which 
should issue for quit Rents out of each Township, we are willing, 
to the utmost of our power, to prepare an account of the Yearly 
Quit Rents due to the Proprietaries from the Province, and other 
parts of their Estate likewise, but hope, in so difficult a work, that 
sufficient time will be allowed for the purpose, and that neither the 
Proprietaries nor ourselves may be liable to forfeitures for mistakes 
on inadvertencies. We, therefore, pray that your Honour will be 
pleased to represent these Sentiments to the House of Representa- 
tives, before you assent to the Bill. 

"RICHARD HOCKLEY. 
"EDMUND PHYSK^.K. 

" May 24, 17G4." 

The Council, thereupon, advised the Governor to return the Bill 
to the House, with a Message, in writing, setting forth his several 
Objections thereto. 

Tbe Governor having received four petitions from the Inhabitants 
of Lancaster, York, and Northampton, addressed to the House of 
Pepresentatives, as well as himself, sent them by the Secretary to 
the House for their Consideration. 



Friday, the 25th May. 

The Governor returned, by the Secretary, the Supply Bill, with 
the following Message to the House, & a petition from the Re- 
ceivers General therein Referred to : 

»4 Message from the Governor to the Assembly. 

''Gentlemen : 

" In the Supply Bill now before me, I expected that you- 
would not only have thought proper to make it conformable to 
the Royal Decree, in the Rates and Assessments on which 
the sum given by it to his Majesty's use is at a future day to be 



180 MINUTES OF THE 

levied and raised, •which is the immediate Objection of the Bill; 
but that you would have taken occasion to comply with the Stipu- 
lations of your Ageats bj inserting in it a Clause to alter and 
amend the Supply Bills of the Years 1759, & 1760, ia such manner 
as to make theni correspoQd with the said Decree, But as I observe 
you have omitted to do this, I now recommend it to you, cr if to 
forward the Supplies you incline to frame a separate Bill to this 
purpose, I will chearfully concur with you in that mode. To thi» 
I hope for a speedy and explicit answer. 

" I have herewith ordered to be laid before you a Petition pre- 
sented to me Yesterday by the Receivers General, shewing the abso- 
lute impossibility of their being able to comply with the strict Let- 
ter of the Bill in returning a List of the ^Quit Rents Reserved in 
each County & Township, owing to the Changes and Divisions made 
in both since the Grants by which such Rents were reserved, at the 
same time professing their Readiness and desire to disclose and give 
a just and full account of that Species of Property in Grass, As I 
am persuaded it is not your intention to subject any one to penal- 
ties for not doing Acts which are out of their power. I recommend 
this matter also to your consideration & return you the Bill again, 
to give you an opportunity of altering it in both of the above par- 
ticulars. 

"JOHN PENN. 

" May 25tb, 1764." 



At a Council held at Pbilad'- on Saturday, 26th May, 1764. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Got- 
emor, &ca. 

James Hamilton, Benjamin Chew, ) ^ «. 

Richard Peters, j ^ 

The Supply Bill being returned by the Assembly was again 
taken into Consideration, and the Governor laid before the Board a 
Message which he received with it yesterday from the House, in the 
following words, viz'-; 

A Message to the Governor from the Assembly. 

"' May it please your Honour : 

*' In your verbal Message of the 19th March, and several other 
Messages, you were pleased to recommend it to the House to make 
the Supply Bill then returned, conformable to the Decree of His 
Majesty in Council relative to the Taxation of the Proprietary lo- 
.cated unimproved Lands and Lots, after which you would readily 
pass it into a Law. 



PROVINCIAL COUNCIL. 181 

*' This the House have strictly complied with ia the present Bill, 
from an earnest desire that His Majesty's Service should not be 
longer obstructed, and yet your Honour has, in y^our Message of 
this day, been pleased to start two objections, both of them new, 
notwithstanding the parts of the Bill objected to have been repeat- 
edly and long before yois. And as thesie objecfrions do not appear 
to us justly founded, we have returned the Bill, and request your 
Honour would give your assent without further delay to the same, 
that the important Service for which the Supplies are inteiid^d 
may not be frustrated from the lateness of the Season. 

" Signed by order of the House. 

'' ISAAC NORRIS, Speaker. 
^' May 25th, 1764." 

The said Message being read, it appeared that the House had 
given no artswer to the Governor's Questions in his Message of 
Yesterday, Respecting their eompliance with the Stipulations of 
their Agents. The Council therefore advised the Oovernor to re- 
peat his Questions to the House, and desire a possitive answer to 
them before h^ should «ome to any resolution on the Supply Bill. 
His Honour accordingly directed the Secfetary to carry the follow- 
ing Message to the House. 

A Messa\je from the Governor io (he Assembly. 

*' Gentlemeo: 

" In my last Message I desired you would give me a speedy aad 
Explicit answer, whether you would or would not amend the pres- 
ent Scppiy Bill, or frame a separate one, in compliance with the 
Stipulations of your Agents, so often mentioned and recommended 
to you, of which you have not taken the least notice in your Mes- 
sage (tf Yesterday. I now most earnestly renew that request, it being 
absolutely necessary to have Your ans-A'cr to this question before \ 
can determine ©a the Supply Bill no^ before me. 

''JOHN PENN. 
*' 3Iay 2ath, 1764.*' 



A, M. Eight Members of Assembly waited on the Governor 
and ae({uainted bim that Isaac Norris, Esq'- the late Speaker of the 
AssemMy, had informed the Members by a Lett-er of this Morning, 
that the present State of kis health would no longer admit of his 
attendance on public Business, and that therefore the Hoase had 
made choice of another Speaker in his stead, and desired to know 
at what hour this afternoon the Members might wait on the Gover- 
nor to present him. To which His Honour made answer that he 
would be in the Co'UEeil Ght-oiber for that purpose at 5 o'Clock ia 
the Afteraooa. 



182 MINUTES OF THE 

Eodera die, P. M. 

The Governor sent a Message by tlie Secretary to the Assembly 
Kequiring their attendance in the Council Chamber that they may 
present their Speaker. The whole House accordingly waited on the 
Governor & presented Benjamin Franklin, E.sq''- as their Speaker^ 
of whom bis Honour was pleased to approve. The Speaker then 
said, as his Predecessor had already claimed in behalf of the present 
Assembly their unusual Privileges, it was unnecessary for him to 
renew that Claim, except with regard to himself as Speaker, viz'- ; 
"That his unwilling mistakes might not be imputed to the House," 
in which the Governor acquiesced. 



At a Council held at Philadelphia, Tuesday, 29th May, 1764. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

James Hamilton, Lynford Lardner, ) -p, rs. 

Benjamin Chew, Richard Penn, j ^ 

The Governor laid before the Board a Message he received from 
the House Yesterday Morning, ia the following words, viz'-- 

-4 Message to the Governor fron-i the Assembly. 

^' May it please your Honour : 

"In answer to your Message of this day, we beg leave to- observe 
that in Compliance with the General's llequisition, we have voted 
the number of Men demanded for the Service of the Crown, and 
liave prepared a Bill for their Support, strictly conformable to the 
Stipulations entered into by the Agents of this Province, which Bill 
IS noYf before, & we again request Your Honour would, without delay^ 
give your assent thereto, it being so immediately necessary for His 
Majesty's Service & the Defence of His Colonies. 

" As to the Amendment you require of the acts of 1159 & 1760, 
we do not conceive how that matter can be " Absolutely necessary" 
to your Deteruiination on the Supply Bill now before you. Those 
Amendments have been repeatedly required of former Assemblies, 
who, after full enquiry, were of Opinion that no injustice had ever 
been done to the Proprietaries in the Execution of those Acts ; 
bowever, should your Honour hereafter make the contrary appear to 
this House, we shall cbearfully take the matter proposed under our 
Consideration, and do the Proprietaries all the Justice that can be 
reasonably desired. 

" Signed by order of the House, 
"B. FllANKLIxX, iS/>ea/^cr. 

" May 26th, 1764." 



PROVINCIAL COUNCIL. 183 

And the Supply Bill being again taken into Consideration, it was 
found to contain a Clause, in effect, re-enacting the Supply Bill of 
the Year 1760, which the Grovernor could not think himself justi- 
fiable in doing, that Bill being liable to the Same Objections which 
were made by the King in Council, to the Bill of 1759. It was, 
therefore, the Opinion of the Council, that since the Assembly had 
absolutely refused to comply with the Stipulations of their Agents 
to amend the Act of the Year 1759, and his Majesty's Service, and 
the defence of the Province, required that Supplies be raised with- 
out delay, The Bill should be returned to the House, with a Mes- 
sage, desiring the House to strike out the esceptionable Clause, and 
acquainting them that he would, after that objection was removed, 
give his Assent to the Bill. Accordingly, the following Message 
was prepared, approved, and immediately Sent, with the Supply 
Bill, to the Assembly : 

A 3lessage from the Governor to the AssemUt/. 

" Gentlemen : 

" You must certainly have seen the necessity I was under, as 
the Supply Bill is at present framed, of pressing you to amend 
it, so as to make it conformable to the Decree of the King and 
Council, and your Agents' Stipulations on the Act of the Year 
1759 By a Paragraph in the Fifty-ninfh and Sixtieth Pages 
of the Bill now bi;foro me, you have expressly re-enacted and 
extended the several Clauses of a Supply Bill passed by Mr. 
Hamilton in the Year 1760, before the above Decree was made. 
The Bill of the Year 1760, thus extended, has in it the very same 
Clauses of the Bill of 1759, which Avere disapproved of by the 
above Decree. By this means you are not content barely with re- 
fusing to comply with the Stipulations of your agents, but would 
oblige me, by assenting to the present Bill to re-enact the same 
matters which his Majesty condemned in the bill of the Year 1759, 
subjecting me to the disagreeable necessity either of passing a Law ia 
direct Violation & Contempt of the Judgment of our late Sovereign, 
or by refusing it to stop the Supplies, at this time so much wanted 
for the King's Service and the Defence of the Province. 

''In order to remove this Ditficulty, I return you the Bill, and 
earnestly desire you will free it from this objection, by striking out 
the exceptionable Clause ; and if you will not amend the former 
Acts agreeable to the above mentioned Stipulations, at least let them 
stand on their own Bottom, without mentioning of them up on this 
occasion, after which I shall no longer withhold mv Assent from 
it. 

"JOHN PENN. 

" May 29th, 1764." 



184 MINUTES OF THE 

Eodem Die, P. M. 

Two Members of Assembly waited on the Governor with a Sup- 
ply Bill and a Verbal Message from the House, acquainting His 
Honour that the House having freed the Bill from the Objections 
made to it in the Governor's Message of this Morning, desired His 
Honour would be pleased to appoint a time for passing it into a 
Law; To which he answered that he would examine the Bill, and 
if he found the exceptionable Clause left out, he would be ready to 
pass it to-morrow Morning at ten o'Clock. 



"Wednesday, 30 May, 10 o'Clock, A. M. 

The Governor returned the Supply Bill to the House by the Se- 
cretary, with a Verbal Message that he assented to it, and required 
the attendance of the House immediately in the Council Chamber, 
in order to enact the same into a Law. The House accordingly 
attended, and the Speaker presented to the Governor the Bill enti- 
tuled "An Act for granting to His Majesty the sum of Fifty-five 
thousand Pounds, and for striking the same in Bills of Credit iu 
the manner herein after directed, and for providing a Fund for 
sinking the said Bills of Credit by a Tax on all Estates, real and 
personal and Taxables within this Province," which his Honour 
passed, and signed a Warrant for affixing the Great Seal thereto, 
which was done, and the Law deposited in the Rolls Office. 



Eodem die, P. M. 

The Governor having agreed to a Bill sent him by the House for 
his Concurrence, entituled *An Act for regulating the Officers and 
Soldiers in the pay of this Province,' and for continuing An Act 
entituled 'An Act for Regulating the Hire of Carriages to be em- 
ployed in his Majesty's Service,' Required the attendance of the 
House in the Council Chamber, that he might pass the Same. The 
House immediately attending, the Speaker presented the said Bill 
to the Governor, which was enacted into a Law, Sealed, & lodged 
in the Rolls Office. 

In the Evening, two Members waited on the Governor, and 
acquainted him that the House intended to adjourn to the 10th of 
Septem'' next, and then delivered him a Message from the Assembly 
in the following words, viz'' : 



PROVINCIAL COUNCIL. 185 

Ji Message to the Governor from the Assembly. 

" May it please your Honour: 

"The professed intention of your Honour's Message of the 
Seventeenth Instant, being to vindicate the Character ©f the 
Proprietaries, and give a fairer State of the Dispute between us? 
than we had done, it would have Pleased us could either of those 
Purposes have been executed; We apprehend your Honour has 
failed in both. 

" The long Recapitulation of what passed at the Council Board 
in 17G0, and from thence to the present time, answers no end, as 
we conceive, but to insinuate that we have been contending against 
a Determination of the King in Council, while the Fact really is 
otherwise, we having made the late Bill conformable in our Opinion 
to every Article of that Determination. And the Dispute between 
us Relates merely to the meaning of one of those Article.*;, which we 
understand to intend an equal Taxation of the Proprietaries' Lands 
with those of the people, and which your Honour will have to mean 
a partial and unequal Taxation in the Proprietaries' favour. And 
as you thought the words alone of that Article would best bear the 
unjust meaning you were pleased to put on them, you contended 
against our using any others with them that might explain them in 
an equitable Sense. This was our sole Dispute, and though we 
think it extreamly inconvenient and improper to use in an Act words 
of whose meaning the two Branches of the Legislature have pre- 
viously declared that they have such different and contrary Con- 
ceptions, yet rather than His Majesty's service should be longer 
obstructed, we have given up the point, and in a new bill inserted 
the very words, confiding that the sense of natural Justice in the As- 
sessors and Commissioners who are to execute the Act, will deter- 
mine them to do what is right. Thus the matter might have rested, 
but as your Honour, with a view of placing our Conduct in an unfa- 
vourable Light, is pleased to ask us a number of Questions we are 
obliged to give them answers, which though short, we hope will be 
clear and satisfactory. " Were not learned Counsel," you ask, 
'* employed and fully instructed by the Agents on the part of the 
Assembly to advocate the Supply Bill of the Year 1759 ?" We 
answer Yes. " Were not those Counsel twice fully heard, both 
before the Lords of Trade and a Committee of the Council? Did 
not the Agents understand the Force and Meaning of the Sec- 
ond and Third Articles previous to their signing the Stipulation ?" 
Undoubtedly; and as we have no dispute about the Meaning of the 
Third, we scarce know why it is mentioned. " If they entertained 
a notion that they were ambiguous, why did they not then object 
to them when they might have had their doubts removed upon 
the Spot?" It seems they entertained no such notion, nor had any 
Doubts to be removed. It appears by the pleadings of the Pro- 
prietaries' Counsel, of which we have a Copy taken first in short 
hand, that they there made no such Claim of a partial and unequal 



186 MINUTES OP THE 

Taxation of their located uncultivated Lands, as is now made for 
them. They only pretended fears that the people would Tax them 
unequally, and desired no more than that such provision should be 
made as might secure for them an equal Taxation. The doubts you 
raenticdiod, if there are any, have arisen in Pennsylvania. 
^ ''Your Honour makes it a Crime in us to suppose any 
Ambiguity or Obscurity in the words of a Report of a Com- 
mittee of Council, though that Supposition arose merely on the Ob- 
servation of your differing so widely from us in the Construction of 
them. This was our remark : "We may both be separately clear 
in our Conceptions of their Meaning, but our differing so widely in 
those Conceptions, seems to indicate, at least, some Ambiguity or 
Obscurity in the Terms." If your Honour had not differed from 
us in the Meaning of these Words in the Report, there would have 
been no Doubts about it, for we made none. And our Observation, 
that Laws, composed by the wisest men, are sometimes found to 
contain obscurities and Uncertainties, which those who are to exe- 
cute them find difficult to clear and settle; And that when any 
words of such Laws are capable of two Meanings, one unjust and 
unequal, & the other consistent with Justice and Equity, we con- 
ceived it a good Rule to judge that the intention is with the latter, 
arose, Originally, upon your differing with us in that Construction; 
But this you candidly call a "contending that the controverted Ar- 
ticles of the Decree required Additions and Pjxplanations to be 
made to them by us, to reconcile them to common Justice and Hon- 
esty." For our parts, we cannot yet perceive anything indecent or 
"immodest" in our observation, that Laws made by the wisest Bo- 
dies of Men (by Kings, Lords, and Commons, for Instance), do 
sometimes contain Obscurities and Uncertainties. Subsequent 
Laws, frequently made by the same August Legislators, to explain 
the preceding, arc Proofs of it. We, therefore, added justlj'^, that it 
was no reflection on such Bodies to say this ; But as your Honour 
purposed to make us appear guilty of a Reflection on them, you 
thought fit to mutilate the Sentence in your Quotation of it from 
our Message, and leave those words intirely out. But to return to 
Your Honour's Questions, " Why were not the objections lately 
made against those parts of the Decree pointed out, and urged to 
Mr. Hamilton as Reasons for not coming into the Measure, when 
he repeatedly Solicited you to comply with the Stipulations of your 
Agents?" Answer, the Objections in Question are against an 
unjust Construction that, in our Opinion, Your Honour put on 
Certain Words, which being used in the Stipulations of the 
Agents, you contended should be inserted without explanation 
in the Bill. As this construction was never put ou those Words 
by Governor Hamilton, we could not point out and urge to him 
those Objections against it. " Why have these Objections been trea- 
sured up and kept in Reserve till this critical Period." Oiijections 
not in being, could not be treasured up, and Objections of no kind 



PROVINCIAL COUNCIL. 187 

can exist previous to a Supposition of the Thing objected to. 
Your Honour will please to reflect that your Construction, which 
these Objections relate to, was as new and strange as it is unjust and 
unequal, and so glaringly unjust and unequal, that you was your- 
self unwilling to own it, and could not, till after three Messages, 
urging an Explanation from you, prevail with yourself openly to 
avow it. 

*' You are pleased to add, as to the Equity and Justice of the 
Decree I should think I justly subjected myself to the Charge of 
oifering the highest afi"ront to, and flying in the Face of that Su- 
preme and august Judicatory who pronounced it, were I to enter 
into any Arguments with you in Support of it." Will your Honour 
give us leave once more to put you in mind, that it is not the 
Equity and Justice of a Decree that we are disputing, but your une- 
qual and unjust Construction of it, viz'- : that the best and most 
valuable of the Proprietaries Lands shall be taxed no higher than 
the worst of the People. Your total Inability of supporting this 
Construction by the least Colour of Argument, or Reason, is what 
you would fain conceal under that extravagant Pretence of Respect 
to the Judicatory who you say pronounced it. Could you by any 
Arguments have shewn the Equity and Justice of such a Taxation, 
we should not now have heard for the first time this extraordinary 
Position, that demonstrating the Equity and Justice of a Decree 
would be flyiog in the Face of Authority. Wise, learned and pious 
Men, have in all ages thought themselves well employed in convinc- 
ing Mankind of the reasonableness, Equity and Justice of 

Laws, human and divine, and never once dreamt that by so doing 
they were offering '' the highest afi"ront to, and flying in the Face of 
the Supreme and august Judicatories who pronounced them." 

" Your Honour charges us with bestowing much abuse on the 
Proprietaries; Stating plain public Facts, where necessary, we do 
not conceive to be abuse, though done in plain Terms ; But the 
misrepresenting a loyal and dutiful People to their Sovereign, as 
the Proprietaries, to cloak their own Avarice, have done the people 
of this Province for many Years past is, in our Opinion, Abuse, 
though it were delivered in the politest Language ; It was in this 
part of your Honour's Message that we expected that vindication 
of the Proprietaries which in the first Paragraph seemed to be pro- 
posed ; But now you chuse to pass all over with a ' silent disre- 
gard,' reflecting probably on the Maxim you had before advanced, 
that ' Facts are Stubborn Things,' and despairing, it seems, by any 
'Colouring' to ' disguise the truth.' 

" Your Honour's ' resolution to discharge the Station you fill 
with Fidelity and Justice to the good people of this Province.' is 
highly laudable, but may we be permitted to ask a Question or two 
in our Turn : Is it consistent with Justice to the good People of 
this Province, to insist on taxing the best and-mpst valuable of the 
Proprietarie's Lands no higher than the worst and least valuable of 



188 MINUTES OF THE 

the Peoples' Lands in a common Tax, to be levied for the defence 
of the whole? And farther, when the Requisition was made to 
your Honour by the General of raising a number of Men for 
His Majesty's Service in your Province, were not the three Lower 
Counties understood to be included ? Your Honour has since met 
and exchanged Compliments with the Assembly of those Coun- 
ties, without making (as far as we have heard) the least Demand of 
them ; Is it ' Justice to the good People of this Province/ to 
saddle them with all the Expence of defending that Government 
with all the Proprietary property contained in it, and not call upon 
it for the least Assistance, while we are and shall so long be loaded 
with the heavy debt the Wars have occasioned ? The Troops raised 
here will perhaps all be marched to the Westward in His Majesty's 
Service ; In which case, at least, we cannot but think it reasonable 
to have expected a Proportion of Forces from that Government, to 
assist in the Protection of our Frontier. 

" Your Honour's Message concludes with recommending to us 
(as if we had hitherto neglected it) the raising Supplies for the 
King's Service, the Defence of the Frontiers, and discharge of the 
Publick Debt, Which obliges us to remark, that within a few 
Months we have sent up to your Honour three Bills for those Pur- 
poses, two of which have been rejected because they required a fair 
and equal Taxation of the Proprietary with other Estates, for their 
common Defence. And we may add, that in our Zeal for the Pub- 
lic Service, we have departed from the ancient forms of Parliamen- 
tary Proceeding, & waved very important Rights, which, under a 
more equitable Government we should not have been constrained 
to, and such a Government we now hope is not far distant, and that an 
End will thereby be put to these disagreeable and mischievous Pro- 
prietary contentions, and the People of this much injured Province 
restored to their Privileges, which they have long been deprived of; 
Proprietary Will and Pleasure, expressed in their Instructions, 
being now our only Law, which, through publick necessities and the 
distresses of War, we have been and are compelled to obey. 
" Signed b}' Order of the House. 

" BENJAMIN FRANKLIN, Speaker. 

" May 30th, 1764." 



At a Council held at Philadelphia, on Friday, the 6th July, 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

Thomas Cadwalader, Richard Penn, Esquires. 

The Governor proposed to the Provincial Commissioners, at a 
Meeting of that Board, the 12 June, 1764, that in order to prose- 



PROVINCIAL COUNCIL. 189 

cute the Indian War with the more vigour, and to spirit up the 
People to pursue and harrass the Savage? in their own Country, it 
would be very necessary at this time to offer great rewards, by Pro- 
clamation, for all Indian Enemy Prisoners & Scalps that shall be 
taken within this Province, & further acquainted the Commissioners 
that he had, on the 9 June, wrote to Sir William Johnson, to desire 
his Opinion & Advice as to that Measure, and whether it would in 
any manner interfere with the Indian Affairs under his Direction. 

Whereupon it was agreed by that Board that the several follow- 
ing Premiums be offered by Proclamation for the Prisoners and 
scalps of the Enemy Indians that shall be taken or killed within 
the Bounds of this Province, as limited by the Royal Charter, or 
in pursuit from within the s-iid Bounds, viz'- : 

For every Male Indian Enemy above ten Years old taken Prisoner 
and delivered to the Officer of any Fort garrisoned by the Troops in 
the pay of this Province, or to the keeper of the common Gaol of 
any County Town within this Grovernment, One hundred and fifty 
Spanish Dollars. 

For every Female Indian Enemy, and for every Male Indian of 
10 Years old and under, taken & dfelivered as afores''" 130 Spanish 
pieces of Eight. 

For the Scalp of every Male Indian Enemy above the age of 10 
Years produced as evidence of their being killed, 134 pieces of 
Eight. 

And for the Scalp of every female Indian Enemy above the Age 
of 10 Years produced as Evidence as afores ' 50 pieces of Eight. 

And that there shall be paid to every Officer or Officers, Soldier 
or Soldiers, in the pay of this Province, one-half of the above re- 
wards. 

And that the Six Nations, or any other Indians in Amity with 
the Crown of Great Britain, be excepted out of the said Proclama- 
tion, But that before the said Proclamation be made publick, the 
advice and sentiments of Sir W""' Johnson be had respecting this 
measure, & how far it may interfere with the Designs of his Majesty 
communicated to him on Indian Affairs. 

The Governor having received an Answer to his Letter above 
mentioned from Sir William Johnson, approving of his design of 
giving rewards for Indian Scalps, laid the same before the Board, 
which was read and is as follows : 

" BuRNETS-FiELD, June 18th, 1764. i 
"Sir: 

" I have just received your favour of the 9th Inst., on my way 
to Niagara, which deprives me of the pleasure of writing to you as 
fully as I would. 

<' I am heartily sorry for the losses sustained about Fort Loudon, 
and on the Frontiers of Virginia, all which will, I hope, be shortly 
pat a stop to. In the mean time, I cannot but approve of your 



190 MINUTES OF THE 

gratifying the desire of the people in your Province, by a bounty 
on Scalps, and I heartily wish success to the design, & to guard ag 
much as in my power against the ill consequence of their killing 
any of the Friend Indians. I shall make them all acquainted there- 
with, & caution them by no means to appear on your Frontiers till 
affairs are settled. 

" David Owens was a Corporal in Capt"- M'Clean's Comp''' and 
lay once in Garrison at my house. He deserted several times, as I 
am informed, & went to live among the Delawares & Shawanese, 
with whose Language he was acquainted, His Father having been 
long a Trader amongst them. 

'' The Circumstances relating to his leaving the Indians have been 
told me by several Indians. That he went out a hunting with his In- 
dian Wife and several of her relations, most of whom, with his Wife, 
he killed and scalped as they slept. As he was always much attached 
to Indians, I fancy he began to fear he was unsafe amongst them, 
and killed them, rather to make his peace with the English, than 
from any dislike either to them or their Principles. 

<'I hope to be at Niagara within 10 or 12 days, when I shall do 
every thing in my power for obtkining an advantageous peace with 
the Indians, who desire it for the benefit of the Colonies. Tho' 
the slender efforts hitherto made use of, and our great backwardness, 
will increase the confidence of the Indians to such a Pitch as must 
in a little time occasion another Rupture, unless by friendship and 
favours we secure them in our Interest. 
" I am with great esteem. Sir, 

" Your most obedient humble Servant, 

'' W- JOHNSON. 

" The Hon""- Lieuten*- Gov'- Penn." 

In consequence thereof, a Draught of a Proclamation having been 
prepared, was read and considered and approved, and ordered to be 
got in readiness for the press to-Morrow, that a number of Copies 
may be printed off and distributed thro' the Province, and also pub- 
lished in the next Week's Gazette & Journal. 



Saturday, 7 th July. 
The following Proclamation, approved in Council yesterday, waa 
this day signed by the Governor, had the Great Seal affixed thereto, 
&, was sent to the press, viz'-: 

" J5y the Ilonourahle JOHN PENN, Esquire, Lieutenant Gov- 
ernoiand Commander-in-Chief of the Province of Pennsylvaniay 
and Counties of Newcastle, Kent, and Sussex, on Delaware. 

"A PROCLAMATION. 

Whereas, the Delaware and Shawanese Tribes of Indians and 
others in Confederacy with them, have, without the least provoca- 



PROVINCIAL COUNCIL. 191 

tion, and contrary to their late most solemn Treaties, ungratefully 
renewed War #ipon this Province, and in a most Savage, cruel, & 
perfidious manner, killed and butchered great numbers of the Inha- 
bitants, burnt and destroyed their Habitations, and laid waste the 
Country ; I have, therefore, thought fit, by and with the advice of 
the Council, to issue this Proclamation, and do hereby declare the 
said Delaware and Shawanese Indians, & all others, who, in Con- 
junction with them, have committed Hostilities against his Majesty's 
Subjects within this Province, to be Enemies, Rebels, and Traitors 
to his Most sacred Majesty; And I do hereby require all his Ma- 
jesty's Subjects of this Province, and earnestly invite those of the 
neighbouring Provinces, to embrace all opportunities of pursuing, 
taking, killing, & destroying the said Delaware and Shawanese In- 
dians, and all others concerned in committing Hostilities, Incur- 
sions, Murders, or Ravages, upon this Province; Jind Whereas, the 
Six united Nations of Indians, viz'': 'i'he Mohickons, Oneidas, On- 
ondagoes, Cayugas, Senecas, and Tuscaroras, have been, for the 
most part, in constant Amity with the Crown of Great Britain, and 
are now actually engaged with Sir William Johnson, his Majesty's 
Superintendant for Indian Affairs, in renewing and firmly estab- 
lishing the peace and Friendship subsisting between them and the 
several Colonics; And Whereas, sundry of the Delaware, Nanti- 
coke, & other Indians, professing a Regard and Friendship for all 
his Majesty's Subjects, have removed within the Inhabited parts of 
the Country, and put themselves under the protection of this Grov- 
ernment, and now live in the Barracks of this City, under a Guard 
of his Majesty's regular Troops, I do, therefore, declare that the 
several Tribes of the Six united Nations, as well as those Indians so 
as aforesaid, living under the Protection of this Government, and 
all others who shall join &; act with us in the prosecution of this 
just & necessary War, are expressly excepted and excluded out of 
this Declaration ; And I do hereby, strictly forbid any of his 
Majesty's Subjects within this Province, to do them the least in- 
jury, or give them any molestation whatsoever, as they will an- 
swer the same at their Peril ; Jind Whereas, it is necessary 
for the better carrying on Offensive Operations against our In- 
dian Enemies, and bi'inging the unhappy war with them to a speedy 
issue, that the greatest Encouragements should be given to all his 
Majesty's Subjects to exert and use their utmost Endeavours to 
pursue, attack, take, and destroy our said Enemy Indians, I do 
hereby declare and promise, that there shall be paid out of the 
Monies lately granted for his Majesty's use, to all and every Person 
and persons not in the pay of this Province, the following several 
and respective premiums and Bounties for the prisoners and Scalps 
of the Enemy Indians that shall be taken or killed within the 
Bounds of this Province, as limited by the Royal Charter, or in 
pursuit from within the said Bounds, that is to say : For every 31ale 
Indian Enemy above ten Years old^ who shall be taken Prisoner, 



192 MINUTES OF THE 

and delivered at any Forts garrisoned by the Troops in the pay of 
this Province, or at any of the County Towns, to th% Keeper of the 
Common Gaols there, the sum of One hundred & jifdj Spanish 
Dollars, or pieces of Eight ; For every Female Indian Enemy 
taken Prisoner, & brought in as aforesaid, and for every Male In- 
dian Enemy of ten years old, or under, taken Prisoner, and deliv- 
ered as aforesaid, the sum of One hundred and thirty pieces of Eight ; 
For the Scalp of every Male Indian Enemy above the age of ten 
years, produced as Evidence of their being killed, the sum of One 
hundred and tldrijj-four pieces of Eight; and for the Scalp of 
every Female Indian Enemy above the age of ten Years, produced 
as Evidence of their being killed, the sum of Fifty pieces of Eight; 
And that there shall be paid to every Officer or Officers, Soldier or 
Soldiers, as are or shall be in the pay of this Province, who shall 
take, bring in, and produce any Indian Enemy Prisoner, or Scalp, 
as aforesaid, one-half of the said several and respective Premiums 
& Bounties. 
" Given under my hand and the Great Seal of the said Province, 

At Philadelphia, the Seventh day of July, in the fourth Year of 

his Majesty's Reign, & in the Year of our Lord one thousand 

seven hundred and Sixty-four. 

"JOHN PENN. 

" By His Honour's Command. 

" Joseph Shippen, Jun'- Secretary. 

'' GOD SAVE THE KING." 



Esq" 



At a Council held at Philadelphia, on Thursday, the 23rd Aug*- - 
1764. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &ca. 

William Logan, Benjamin Chew, 

Lynford Lardner, Thomas Cadwallader, 

The Governor laid before the Board a Record of Conviction of 
Thomas Fowler for Burglary, at a Court of Oyer and Terminer and 
General Gaol Delivery held at Reading, for the County of Berks, 
on Tuesday, the 14th of this Instant August, before Alex' Stedman, 
James Read, and Jonas Seely, Esquires, Justices of the said Court, 
assigned by a special Commission ; And it appeared by the said 
Record that the said Thomas Fowler was legally tried and convicted 
of Felony and Burglary, committed in the House of Sarah Drury, 
in the said Town of Reading, the 24 day of February last, and had 
received Sentence of Death for the same. The Board taking this 
matter into Consideration, and finding that Mr. Stedman, one of 
the Justices; had reported to the Governor that he believed the said 



PROVINCTAL COUNCIL. 193 

Fowler to be a great Villain, and that not a single Circumstance 
appeared in his favour on his Trial, were of opinion that the sentence 
of the Court should be executed. The Governor accordingly signed 
a Warrant under the Lesser Seal of this Province, for his Execution 
on Friday, the 7th day of September next. 



Tuesday, 11th September, 1764. A. M. 

Two Members of Assembly waited on the Governor, and ac- 
quainted him that the House were met pursuant to Adjournment, 
and desired to know if his Honour had any Business to lay before 
them, to which he made answer that he had nothing to recommend 
at present, and whenever he had he should communicate the same 
to the House by the Secretary. 



Friday, 14th September, A. M. 

The Governor laid before the Assembly by the Secretary for their 
perusal, a Letter from Col"- Bradstreet, dated at Presque Isle, the 
14 August, 1764, inclosing a Copy of the Terms of Peace, which 
be had granted to the Western Indians living between Lake Erie & 
the Ohio. The said Letter and Copy of Peace are as follow, as also 
a Letter from Col. Bouquet, dated at Fort Loudon, 27 Aug'- 1764, 
which accompanied them. 

wJ Letter from Col. Bradstreet to the Governor. 

" Presque Isle, 14th August, 1764. 
" Sir : % 

" As it may be agreeable to you and the People under your Gov- 
vernment, to know as soon as possible of the peace concluded with 
all the Nations of Indians, that have done you so much damage, I 
have inclosed you a Copy of what has passed upon the Occasion. 
" I am, Sir, 

" Your most humble servant, 

«JOHN BRADSTREET. 

"P. S. Perhaps, under the present Circumstances of the Troops act- 
ing from your Quarter, and the advanced Season, it may be agreeable 
to the Southern Governments to have early information of this af- 
fair, in which you will be pleased to act as may be most agreeable 
to you. 

"The Hon. Governor Penn." 

VOL. IX. — 13. 



194 MINUTES OF THE 

" Three o'clock in the afternoon, August 12th, 1764. 

" Lake Erie Camp, at 1' Anie aux Feuilles, 

" At the request of ten Savages who arrived this Morning, say- 
ing they were sent by the Hurons of Sandusky, the Shawanese, 
the Delawares, what they call the Five Nations, inhabiting the 
Scioto Plains, the Banks of the Ohio. Presque Isle, &ca., &;ca., I 
received from them the following Speeches : 

" First. A long Compliment, with a String of Wampum. 

" Secondly. A String of Wampum, begging leave to speak & 
be heard. 

"Thirdly. We ask in the name of the whole of the above Na- 
tions, where this Army is going, and what are your intentions ? 

" That on receiving certain Intelligence that you were coming 
against us with an Army, we immediately called in all our Warriors 
who were out against your Frontiers, and determined to meet 
you on this Lake, and beg for Mercy, & forgiveness and Peace, 
which we now do, in the name of and by the Order of the Na- 
tions above mentioned, the whole being truly sensible of their 
past Folly and unjust Behaviour to the English, without Cause." 

A String of Wampum. 

" Colonel Bradstreei's Answers to the above. 

" ' First. I thank you for your Compliment. 

" ' Secondly. You may have leave to speak openly and freely. 

" ' Thirdly. The reason for marching the Array this way to 
revenge the Insults and Injuries done to the English, on those 
Savages who have not asked forgiveness, & given Sureties for their 
future good Behaviour. 

'' ' You have done well in calling \fi all your Warriors, begging 
Peace, and truly repenting of your late^- insolence and bad conduct 
towards the English, without any ppovocation whatsoever, and I 
am surprised to find you begging peace and forgiveness, so soon 
after writing such an impertinent Letter as that you sent by 
Smalhium to Pittsburg, Detroit, &ca.; notwithstanding which, since 
you implore Forgiveness and x\Iercy, I will on the following Terms 
grant Peace unto you, provided you are fully impowered from the 
Nations above mentioned, and that the ('hiefs will ratify it as soon 
as possible, and that you name the Chiefs.' 

"Answer : 

" ' We are fully impowered to conclude and sign a Peace, if we 
can obtain it. The Chiefs of the above Nations will ratify it, & their 
names are as followeth, viz* : 

" ' For the Shawanese — Scobalectic, the great War Chief. 



PROVINCIAL COUNCIL. 195 

"'Delawares — The whole of the Chiefs. 

'"Sandusky Hurons — Sastaregi, Chief of the Warriors. 

"'And themselves of the Five Nations of the Scioto Plains, (^ca., 
&ca., viz' : Cuyashota, Decencytaryectoo, Tisneunockshoree, Aley- 
vauneta, and Anarunqua.' 

" Terms on which Peace is granted : 

"'First. All Prisoners shall be delivered up at Sandusky di- 
rectly — Enlish, French, and Blacks, without reserve or excuse of 
being married, or any otherwise connected with you ; & should there 
be any unwilling to leave you, they must be obliged to come. 

"'Secondly. All the Chiefs above mentioned shall come with 
their Prisoners and ratify the Peace I shall now grant. 

'"Thirdly. Six of the Principal Men of the Deputation, now 
here, must remain as Hostages for the true Performance of the En- 
gagements they hereby enter into ; and in consideration of my not 
marching, immediately on my landing, against their Castles, as I at 
first intended; and the other four, with one of my Officers and an 
Indian belonging to this Army, must proceed with the utmost dis- 
patch to acquaint the Chiefs of the peace granted, and what is 
expected from them, as I am determined not to lose time, or suffer 
myself to be imposed on. 

" ' Fourthly. That this Peace may last forever, the Nations above 
mentioned must entirely relinquish their claims to the Forts and 
Posts the English now have in their Country; and that the English 
shall be at liberty to build &. erect as many Forts or Trading Houses 
as they may find necessary for carrying on Trade betwixt them and 
the Savages without Interruption, and they shall grant as much 
Land round the Forts as a Cannon can throw a shot over, for the 
raising a proper supply of Provisions for the use of the Garrison 
and 'J'raders, which Lands they are to renounce and look on as the 
property of the English for ever. 

" ' Fifthly. That I shall be at liberty to send in safety from this 
Army to your Castles, Six English, six Canadians, and six Indians, 
to see that you bring away all the Prisoners that you have, which 
Prisoners you are to furnish with Horses and Provisions during 
their Journey, and treat them with all the tenderness and kindness 
you can shew ; and that I may, for the Security of the People I 
send, have with me an equal number of Indians of your Nations, 
till the return of the above six English, six Canadians, & Six In- 
dians. 

" ' Sixthly. That if hereafter it should happen that any person 
belonging to the above nations shall kill or plunder any of the 
English, the person or persons so offending, shall be immediately 
given up and delivered at Fort Pitt, there to be tried for the Of- 
fence committed, agreeable to the Laws and Customs of the En- 
glish, with this Difference only, that one-half of the Jury shall be 
Indians of the same Nation as the Offender.' 



196 . MINUTES OF THE 

" ' ScTenthly, You cannot be ignorant of an Army's Kjsrehing; 
against the above nations by the Ohio ; but in coBsideration of your 
truly repenting of your late bad conduct towards the English, and 
the Engagements you hereby enter into, and the Promises you also 
make of your future good Behaviour, I shall send and prevent 
their proceeding against you ; but be assured, should you ever be 
guilty of the like bad Behaviour again, you sball be cut off frona 
the Face of the Earth.' 

" 'Eighthly. If any of the Nations or Tribes herein mentioned^ 
should separately violate this Peace and disturb the publick Tran- 
quility, the others shall consider themselves as bound to Eaake War 
on them separately or jointly with the English and their Allies, 
till they have brought them to reason, as also against any Indians, 
Enemies to the English, and the English will assist thsm against 
their Enemies.' 

" ' Ninthly. To avoid being imposed on by Delays m ratifying 
this peace, & so lose the Season for acting against the above Indians, 
I do allow twenty-five days from the date hereof, for the arrival of 
the Chiefs of the above Nations, with all their Prisoners at San- 
dusky, and should they fail herein, what has been done I shall 
look on as void, and they may expect to find ua Warriora instead of 
Brothers and Friends.' 

" * By the power invested in me by His Excellency Major Gene- 
ral Gage, Commander-in-Chief of all His Majesty's Forces in North 
America, &;ca., these are the Terms of Peace I grant to the Nations 
heretofore mentioned ; that is to say, to the Sbawanese, Delawares, 
the Hurons of Sandusky, the five Nations of Scioto, the Ohio and 
Presque Isle.' 

" ' Given under my hand & Seal, at the place and on the date 
above mentioned.' 

"'JOHN BRAPSTREET.' 

" From the power we have received from the Chief of the Dela- 
wares, the Sbawanese, the Hurons of Sandusky, the Five Nations 
of the Indians inhabiting the Plains on Scioto, the Banks of the 
Ohio, Presque Isle, &ca , &ca. 

" We do in the name of the above Nations, together v?ith our- 
selves, most gratefully accept the Terms above mentioned & granted, 
and we do, also, most solemnly bind ourselves & them to the true 
performance of each article in every respect. 

" Signed after the manner of the Indians, with the Representa' 
tion of a Turtle, a Fox, and Wolf, with two Crosses. 

" This Peace being agreed on, the Siz Nations and Indians of 
Canada got up and took the Deputies by the hand, saying they 
were glad to see they were come to their senses, and hoped they 
would continue so, if they did not, on the first Breach of this 



PROVINCIAL COUNCIL. 197 

Peace, whicli they were witnesses to their concluding, they would 
immediately make War against them. 
" A true Copy. 

"THOMAS Islk^T, Aidrde- Campy 



A Letter from Colonel Bouquet to the Governor. 

'' Fort Loudon, 27th August, 1764. 
*^ Sir : 

" I hav3 the Honour to transmit to you a Letter from Colonel 
Bradstreet, who acquaints me that he has granted Peace to all the 
Indians living between Lake Erie & the Ohio, but as no Satisfactiou 
is insisted on, I hope the General will not confirm it, and that I 
shall not be a witness to a Transaction which would fix an indelible 
•Stain upon the Nation. 

" I, therefore, take no notice of that pretended Peace, & proceed 
forthwith on the Expedition, fully determined to treat as Enemies 
any Delawares or Shawanese I shall find in my way, till I receive 
contrary Orders from the General. 

" I have the Honour to be, with great respect, 

'' Sir, Your most Obed'- & most h'ble Servant, 
"HENKY BOUQUET. 
" Governor Penn." 



Wednesday, Sept'- 19th, 1764. 
MEMORANDUM. 

Mr. Allen and Mr. Rhoads, a Committee of the House, waited on 
the Governor and presented to him a Bill, entituled a " Supplement 
to an Act entituled ' An Act for granting to His Majesty the Sum 
of £24,000 for the Defence and Protection of this Province and for 
other purposes therein mentioned," ' for his Consideration and 
Concurrence, The Governor told the said Committee that he 
would consider the said Bill, and let the House know his result 
thereon. 

The same Gentlemen informed the Governor that the House 
were preparing a Bill for erecting a Light House at the Mouth of 
Delaware Bay, in which it would be necessary to appoint an Officer 
to collect certain Duties on Ships and Vessels, intended to be im- 
posed by the said Bill, to defray part of the Expence of erecting 
and supporting the said Light House, and that the House had ap- 
pointed them a Committee to confer with the Governor about a 
proper Person to fill the said office. Whereupon the Governor en- 
tered into a Conference with the said Committee on the occasion, 
& Thomas Coombe being proposed for the said Office of Collector, the 
Governor agreed that His name should be inserted in the said Bill 
accordingly. 



198 MINUTES OF THE 

Saturday the 22nd September, 1764. 

The Members of Council were summoned to meet the Governor 
in Council this Morning at 10 o'Clock, aud Benjamin Chew, Es- 
quire, alone attending, the Governor with him read and examined 
two Bills sent up by the Assembly for his Honour's Concurrence 
entituled as follows, vizt : 

" A Supplement to the Act entituled ' An Act for granting to his 
Majesty the Sum of £24,000 for the defence and Protection of this 
Province, and for other purposes therein mentioned." ' 

"A Supplement to the Act entituled ' An Act for erecting a 
Light House at the Mouth of the Bay of Delaware, at or near Cape 
Henlopen, for placing and fixing Buoys in the said Bay and 
E.ivcr Delaware, & for appointing Commissioners to Receive, collect 
and recover certain Sums of Money heretofore raised by way of 
Lottery, & to appropriate the same to the purposes aforesaid." ' 

The Governor, having agreed to the former Bill, and finding that 
the Person appointed to the Office of Collector in the latter, is the 
same whom he agreed on with the Committee of Assembly, the 
19th Inst., had no objection to it, and directed the Secretary to re- 
turn the said Bills to the House, acquainting them that he gave 
his assent thereto, and would be ready to pass them into Laws 
whenever the House should present them for that purpose. 

This being accordingly done, two Members waited on the Gover- 
nor with a Message from the House, desiring to know if his Hon- 
our would be pleased to pass the two Bills this forenoon. The Gov- 
ernoi answered that he should go immediately to the State House 
for that purpose. His Honour, being in the Council Chamber, ac- 
quainted the House, by the Secretary, that he required their atten- 
dance there. They accordingly attended, and the Speaker presented 
the Bills before mentioned to the Governor, who enacted them into 
Laws, and signed a Warrant for affixing the Great Seal to them, 
which being done, the two Laws were deposited in the Bolls Of- 
fice. 

Eodem die, 9 o'Clock, P. M., The Assembly broke up. 



At a Council held at Philadelphia on Thursday, 4th October, 
1704. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

Benjamin Chew, Lynford Lardner, } -p ,^ 

Eichard Penn, 5 ^^^ 

The Governor laid before the Board the returns of Sheriffs and 
Coroners for the Counties of Philadelphia, Chester, Bucks, North- 



PROVINCIAL COUNCIL. 



199 



ampton, Berks, and New 
the following Persons wer 
accordingly, viz'- : 
William Parr, 
Caleb Cash, 
Philip Ford, 
Davis Bevan, 
John Gregg, 
John Addis, 
Peter Kechlein, 
David Berringer, 
Jacob Weaver, 
Samuel Weiser, 
Thomas Duff, 
William Stewart, 



Castle, which being read and considered, 
e appointed, & Commissions were filled up 



Sheriff, 
Coroner 
Sheriff, 
Coroner 
Sheriff, 
Coroner 



i Philadelphia County, 

I Chester d"- 

I Bucks d"- 

^'^''^' 1 Northampton d- 
Coroner, j ^ 

^^^"ff' I Berks d- 

Coroner, 3 

f'''^' i New Castle 
Coroner, 5 



d°- 



5th October, 1764. 

The returns of sheriffs and Coroners for tlie Counties of Lancas- 
ter & York, being this Day made to the Governor, the following 
Persons were appointed and Commissionated, viz'' : 

John Barr, Sheriff, ) t x * 

,r ^, . 01 1 n (- Lancaster county. 

Mathias Slough, Coroner, 3 

Robert M'Pherson, Sheriff, ^ y i jo. 



John Adlum, 



Coroner, 



6th October, 1764. 

The Governor having this Day received the Returns of Sheriffs 
^ Coroners for the Counties of Kent and Sussex, appointed and 
Commissionated the following Persons, viz'- : 
Thomas Collins, Sheriff, > 

Mathew Manlove, ('oroncr, 5 

Daniel Nunez, Jun'-' Sheriff, ? 

Henry Davis, Coroner, 5 



Kent County. 
Sussex d"- 



9th October. 

The return of Sheriffs and Coroners being now made for the 
County of Cumberland, the Governor appointed & Commissionated 
Ezekiel Dunning, Sheriff, & William M'Coskry, Coroner, for the 
said County. 



200 MliSUTES OF THE 



In the Council Chamber, Tuesday 16th October, 1764. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor^ 
&ca. 

Benjamin Chew, Esq'- 

Eight Members of Assembly waited on the Governor last Night, 
and acquainted him that pursuant to the Charter and Laws 
of this Province, a Quorum of the Representatives being met, had 
proceeded to chuse their Speaker, & desired to know when he would 
be pleased to receive the House, that they might present him for 
His Honour's Approbation, & the Governor having appointed this 
day at 12 o' Clock for that purpose, acquainted the House by the 
Secretary that he waited in the Council Chamber in order to receive 
them with their Speaker. The whole House accordingly attended 
and presented Isaac Norris, Esq'' as their Speaker, whom the Gov- 
ernor was pleased to approve of; And then the Speaker, in the name 
& behalf of the House, claimed the usual Privileges, viz'- : 

1st. That the better to discharge the Business of the Public, 
they may at all seasonable times have free access to the Gov- 
ernor. 

2d. That their Persons may be protected from all arrests and In- 
sults, during the time of Privilege accustomed. 

3d. That it would please the Governor to take no notice of any 
Report that may be made, touching any matter or thing that may 
be moved or debated iu the House, until the same shall have passed 
into Resolves, nor give the least Credit to such Report. 

4th. That his own (the Speaker's) unwilling mistakes may be 
excused, & not imputed to the House. 

These being requested by the Speaker as the rights & privileges of 
the Freemen of Pennsylvania, derived and confirmed to them by 
the Charter & Laws of the Province, The Governor was pleased to 
answer, that he should always be careful to protect the House in 
all their just Rights & privileges. 



The 17th Day of October, 1764. 

MEMORANDUM. 

The Governor being acquainted that the Courts of Quarter Ses- 
sions & Common Pleas for the County of Cumberland, were to be 
held at Carlisle, on Tuesday, the 23d ins*- ; and for the County of 
York, on Tuesday, the 30th instant; His Honour this day issued 
two General Commissions of the Peace under the Great Seal, one 
appointing the following Gentlemen Justices of the Peace and of 
the County Court of Common Pleas of and for the County of Cum- 
berland, viz'- : 



PROVINCIAL COUNCIL. 



201 



James Hamilton, 
William Till, 
Benjamin Shoemaker, 
Lawrence Growden, 
Joseph Turner, 
William Logan, 
Richard Peters, 
Lynford Lardner, 
Benjamin Chew, 
Thomas Cadwalader, 
Richard Penn, 

John Armstrong, 
Ja*" Galbreath, 
John Byards, 
Williams Smith, 
John McKnight, 
James Carithers, 
Hermanns Alricks, 
Adam Hoops, 
Francis Campbell 
John Reynolds, 



► Esq"' Members of the Proprietary and 
Governor's Council. 



Jonathan Hogg, 
Rob'- Miller, 
William Lyon, 
Rob'- Callender, 
Andrew Calhoon, 
Ja'* Maxwell, 
Sam. Perry, 
John Holmes. 
John Allison. 



And the other Commission appointing the following Gentlemen 
Justices of the Peace and of the County Court of Common Pleas 
of and for the County of York, viz'-: 

The Members of the Proprietary and Governor's Council as be- 
fore ; and 



John Blackburn, 
David Jameson, 
Martin Eikelberger, 
Archibald McGrew, 
Samuel Johnston, 
Samuel Edie, 
Mathew Dill, 
Mich*- Swoope, 



James Welch, 
Robert McPherson, 
John Smith, 
Henry Sleigel, 
Thomas Minshall, 
Conyngham Sample, 
William Dunlap, 
Joseph Button. 



New Castle, Monday 22d October, 1764, A. M. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gov'-' 
&ca. 
Benjamin Chew, Richard Penn, Esq"- 

" Three Members of Assembly of the Government of the Lower 
Counties, waited on the Governor with a Message from the House, 



202 MINUTES OF THE 

that they had met pursuant to the Charter and Laws of the Gov- 
ernment on Saturday last, had proceeded to chuse their Speaker, 
and desired to know when and where they might present him for 
His Honour's Approbation. The Governor having answered them 
that he should be ready to receive the House immediately, 

They accordingly attended at his Lodgings, and presented Mr. 
Jacob Kollock as their Speaker, who, being approved by the Gov- 
ernor, claimed the usual llights and Priveleges of the House, 
which were allowed them, and they withdrew. 



Eodem die, 3 o'clock, P. M. 

A Message was delivered to the Governor by three Members, ac- 
quainting him that the House were duly qualified, and desired to 
know whether his Honour had any Business to lay before them ; 
the Governor answered that he had nothing to recommend to them 
at present, & desired they would proceed on their own Business. 



Thursday the 1st November, 1764. 
MEMORANDUM. 

The Governor this day issued three General Commissions of the 
Peace, appointing the following Gentlemen Justices of the Peace 
and of the Courts of Common Pleas for the Counties of Newcastle, 
Kent, and Sussex, on Delaware, viz'": 

For the County of New Castle, 
James Hamilton, 
William Till, 
Benjamin Shoemaker, 
Lawrence Growdon, 

■w7-ir T ^^' I Esq"' Members of y* Proprietary & Gov" 

William Loo;an, Y A -^ J f J 



Richard Peters, 
Lynford Lardner, 
Benjamin Chew, 
Thomas Cadwalader, 
Richard Penn, 



Council. 



PROVINCIAL COUNCIL. 



203 



Evan Rice, 
Thomas James, 
William Patterson, 
William Armstrong, 
John Jones, 
W""- Williams, 
R*"- McWilliams, 
John Stapler, 



David Finney, "^ 
Thomas Cooch, l 
James Lattimer, | 
Thomas Kim, 
Jacob Peterson, 
John Evans, 
Thomas Tobin, 
Theodore Maurice,^ 



^-Escf 



For the County of Kent, the Members of the Proprietary & 

Governor's Council as before, and 
John Caton, John Barnes, 

Richard Wells, James Morris, 

Thomas Irons, James Spykes, 

Theodore Maurice, William Rhoads, 

Andrew Caldwell, W""- Rodney, 

Cajser Rodney, Rob'- Holliday, 

Chas. Ridgly, Chas Milliard, 

Jn°- Clarke, Jr., 



>Esq" 



For the County of Sussex, the Members of the Proprietary &; 
Governor's Council as before, & 



Jacob Kollock, Sen'' 
Benjamin Stockley, 
David Hall, 
Benjamin Burton, 
Nehemiah Drapper, 
Thomas Prettyman, 
Jacob Kollock, Jr., 



John Spencer, 
Isaac Watson, 
Wrixam Lewis, 
Gilbelcher Parker, )>Esq"- 
Levin Crapper, 
Tho'- Robinson, 



New Castle, the 2d day of November, 1764. 

In the room of Ryves Holt, Esquire, deceased, late Chief Jus- 
tice of the Supream Court, and William Till, Esq'' second Justice 
of the said Court, who is disabled, by Infirmities, from further at- 
tending the duty of that Station ; The Governor, by Commissions 
bearing different dates, appointed John Vining, Esq'- of Kent 
County, Chief Justice, and Jacob Vanbebber, Esq'' of New Castle 
County, second Justice of the Supream Court in the Government 
of the Counties of New Castle, Kent and Sussex on Delaware. 

At the same time his Honour was pleased to appoint and Com- 
missionate Richard M' William, Esq'-' of New Castle County, & 
John Clowes, Esq'' of Sussex, the two other Justices of the said 
Court. 

The Assembly, during their Sessions, sent up to the Governor 
for his Concurrence, the Bills entituled as follows, viz'- : 



204 MINUTES OF THE 

" An Act to enable John Vining and Caeser Rodney, Esq"-' 
Trustees of the General Loan Office, of Kent County, upon Dela- 
ware, or their Successors in the said Office, to demand & receive, or 
otherwise to sue for and recover the Ballance due to the publick, 
from the Estate of James Wain, Yeoman, deceased, late Collector 
of the County Rates & Levies for Murtherkill hundred in the said 
County, and also to enable Rich''- M' William, Thomas M'Kean, 
and Evan Rice, Esqrs., Trustees of the General Loan Office of the 
County of New Castle upon Delaware, or their Successors in the 
said Office, to demand & receive, or otherwise to sue for and recover 
the Ballance due to the Fublick from Benjamin Naxon of the said 
County of New Castle, Gentleman, late Captain of a Company of 
Foot, raised for his Majesty's Service, within this Government." 

" An Act for the more easy Recovery of small Debts." 

'' A Supplement to an Act entituled, ' An Act for the better re- 
gulation of the Supream Court of this Government, & for aiding 
the discontinuance of the process therein, & other purposes therein 
mentioned.' " 

The said Bills, having been read & considered by the Governor, 
were Returned to the House of Assembly, with a few Amendments 
to each of them, and the House having acceded to the same, pre- 
sented them again to the Governor for his Assent. His Honour 
accordingly sent them down again, by the Secretary, with a Verbal 
Message to the House, that he agreed to them, & was ready to pass 
them immediately. The House accordingly attended at the Gover- 
nor's Lodgings, with the above-mentioned Bills, which his Honour 
enacted into Laws, Signed a Warrant for affixing the Great Seal 
thereto, & directed the Secretary, with two Members of the House, 
to see them deposited in the Rolls Office. 

The Speaker then presented to the Governor Orders on the Trus- 
tees of the Loan Office for £200, for his Support for the present 
Year, for which his Honour returned the House thanks. 



At a Council held at Philadelphia, on Monday the 19th Novem""-' 
1764. 

PRESENT : 

The Honourable JOHN PENN, Esq'- Lieutenant Governor, 
&ca. 

Benjamin Shoemaker, Lynford Lardner, 7-c\ „. 

William Logan, Benjamin Chew, 5 

The Governor, thinking it necessary to issue new General Com- 
missions of the Peace, for the Counties of Philadelphia, Chester, 
Bucks, and Northampton, and to make sundry alterations in the 
last Commissions, laid before the Board several Lists of Persons, 
whom he proposed as Justices of the said Counties, and the same 



PEOVINCIAL COUNCIL. 



205 



being read and considered, the following Gentlenaen were agreed on 
to be Justices of the General Quarter Sessions of the Peace, and of 
the County Court of Common Pleas, for the Counties of Philadel- 
phia, Chester, k Northampton, & Commissions were ordered to be 
made out accordingly, viz'- : 

For the County of Philadelphia : 



James Hamilton, 
William Till, 
Benjamin Shoemaker, 
Lawrence Growdon, 
Joseph Turner, 
William Logan, 
Richard Peters, 
Lynford Lardner, 
Benjamin Chew, 
Thomas Cadwalader, 
Richard Penn, 
William Plumsted, 
Septimus Robinson, 
Samuel Ashmead, 
William Peters, 
Samuel MiiBin, 

Jacob Duche, 
Isaac Jones, 
William Coxe, 
Thomas Willing, 
Daniel Benezet, 
Samuel Shoemaker, 
William Parr, 
Evan Thomas, 
Archibald McClean, 
William Dewees, 
Henry Harrison, 



Members of y^' proper''' & Governor's 
Council. 



James Coultas, 
Jacob Hall, 
John Bull, 
Thomas Lawrence, 
John Lawrence, 
George Bryan, 
William Humphreys, 
Frederick Antis, 
Peter Evans, 
James Biddle, 
Alex • Edwards, 



Esquires. 



For the County of Chester, The Members of the Proprietary & 
Governor's Council as before ; and 



William Moore, 
Thomas Worth, 
Samuel Flower, 
John Miller, 
Isaac Davis, 
Edward Brinton, 
Alex"- Johnson, 
J™- Culberston, 
Will. Clingham, 



Will. Parker, 
John Hannum, 
John Price, 
John Fairlamb, 
Henry Hale Graham, 
William Boyd, 
R"- Reily, 
James Hunter, & 
James Evans, 



l-Eqs" 



.Esq" 



206 MINUTES OF THE 

For the County of Northampton, The Members of the Proprie- 
tary & Governor's Council as before ; and 
William Plumsted, Jacob Ornat, 
Thomas Craig, John Moore, 
Hugh Wilson, Robert Lyle, 
Aaron Depui, James Allen, 
Lewis Klotz, John Jennings, 
Thomas Armstrong, Henry Geiger, 
George Taylor, Dan'- Brodhead, 
Lewis Gordon, 

The Commission of the Peace for Bucks county was referred 
to further Consideration. 



27th Novem'- 1764. 

MEMORANDUM. 

The Governor this day issued a Commission appointing John 
Vining, Jacob Vanbebber, and Richard McWilliam, Esq"' Justices 
of the Court of Oyer and Terminer & General Gaol delivery, for 
the Government of the Counties of New Castle, Kent, and Sus- 
sex, on Delaware. 



At a Council held at Philadelphia, on Wednesday, the 5th day 
of Decem'-' 1764. 

PRESENT : 

The Honourable JOHN PENN, Esq'' Lieutenant Governor, 
&c'- 

Benjamin Chew, Thomas Cadwallader, ") -r, „. 

Lynford Lardner, Richard Penn, j " 

The Governor laid before the Board a Letter he received by 
Major Small, from Col"' Bouquet, dated at the Forks of Muskingum, 
15 Nov'' last, acquainting him that he had obliged the Delawares, 
Shawanese, & Senecas, to submit to the terms he had prescribed 
to them, in consideration of a permission from him to send Depu- 
ties to Sir William Johnson, to conclude a Peace with the Eng- 
lish ; and also a Copy of the Conferences he had held at seve- 
ral times with the said Indians, containing a Minute detail of 
his Proceedings from the 20th September to the 16th November 
last. 

Both which being read and duly considered, the Council advised 
his Honour to issue a Proclamation, ordering a suspension of all 
Hostilities against the above mentioned Tribes 'till further Orders. 



PROVINCIAL COUNCIL. 207 

The Secretary having accordingly prepared a Draught of a Proc- 
lamation for that purpose, it was read and approved, and ordered to 
be published to-morrow in the Pennsylvania Gazette and Journal. 

The Letter from Col. Bouquet and the Indian Conferences being 
ordered to be entered on the Council Minutes with the Proclama- 
tion, they are as follows, viz'-: 

A Letter to the Governor from Colonel Bouquet. 

" Camp at the Forks of Muskingham, 15 Novem'- 1764. 
"Sir: 

" I have the Pleasure to inform you that the Mingoes, the Dela- 
wares, k the Shawonese, after a long Struggle, have at last submit- 
ted to the Terms prescribed to them, viz'-: 

" ' 1st. To deliver all the Prisoners without Exception.' 

"'id. To give fourteen Hostages to remain in our Hands as a 
Security for the strict performance of the 1st Article, and that they 
shall commit no Hostilities against his Majesty's Subjects.' " 

" Upon these Conditions they are permitted to send Deputies from 
each Nation to S'- William Johnson to make their Peace. 

" The Mintroes have given two Hostajres. 

" The Delawares Sis 

"The Shawonese Six 

" The inclos'd Copy of our Proceedings with these nations con- 
tains a minute account of the whole Transaction ; therefore, I shall 
not trouble you with particulars. I am only to request that you will 
have a suspension of Arms with these Savages publish'd in your Gov- 
ernment, and I may presume to assure you, from their present hum- 
ble Dispositions, that the Troops stationed on your Frontiers may be 
discharged, and the Inhabitants return with safety to their deserted 
Plantations. 

" We have already upwards of 200 Captives delivered, & many 
of them have remained so many Years amongst them, that they part 
from them with the greatest Reluctance. We are obliged to keep 
Guards to prevent their Escape, and unless they are treated with In- 
dulgence & Tenderness by their Relations, they will certainly re- 
turn to their Savage Masters. The Delawares and Mingoes have not 
only delivered all their Prisoners, but even their own Children born 
from White Women. 

"The Shawonese have been very Obstinate, and nothing has pre- 
vented the Chastisement they deserved, but the certainty, that if 
they were driven to despair, they would massacre 150 Prisoners then 
in their Hands ; however, their pride has been humbled, and they 
have been forced to submit to the same Conditions as the other Na- 
tions. 

" The Troops of your Government have carried on the Service 
with great Zeal and Chearfulness, and their Conduct does them 
Honour in every respect. 



208 MINUTES OF THE 

" I shall immediately send them to Carlisle with the Prisoners 
belonging to the Province ; as several of them are net known, I 
beg you will appoint a Person to receive them at that Place, and 
provide them with the necessaries of Life till they are claimed. 
" I have the Honour to be with great regard, 

" Sir, your most obedient, and 

'' most humble Servant. 

"HENRY BOUQUET. 
" Governor Penn." 



Colonel Boquet's Journal and Conferences with the Western In- 
dians. 

Speech of Colonel Boquet, Commanding the Army upon the 
River Ohio, to Capt"- Jacobs and the Delaware Chiefs with him at 
Fort Pitt, the 20th September, 1764 : 

*< Sometime ago I received an Account from Col"' Bradstreet, 
Commanding the Army upon the Lakes, that the Delawares & 
Shawanese had begged for Peace, which he was willing to grant to 
them, & as you assured him that you had recalled all your Warriors 
from our Frontiers. Sometime before he wrote me not to proceed 
against your Towns, I therefore would not have proceeded, had I 
not heard that in open Violation of your Engagement, your party 
killed a Man at Rays Town and several more in Virginia, a long 
time after you had begged for Peace, upon which I determined to 
March to Fort Pitt & wait there for an answer to the Letter I wrote 
Col. Bradstreet, but to my great astonishment upon my A.rrival at 
this place, I hear that one of our people has been murdered & his 
head stuck upon a pole in the path near the Little Beaver Creek, 
& that several of your Parties are still on our Frontiers. 

" As I must consider you now as a People whose promises I can 
no more trust, I was determined to attack you as soon as the rest 
of the Army joined me, which I expect immediately, but I will put 
once more in your Power to? prevent your total Destruction & save 
yourselves and your Families, by giving us satisfaction for the Hos- 
tilities committed against us ; And first. You are to leave the Path 
open for my Expresses from this Fort to Detroit, & as I now intend 
to write to Col. Bradstreet, who commands the Army upon the 
Lakes, I will send my Letters by two of our Men, and I desire to 
know from you whether you will engage to send two of your Peo- 
ple with them to bring them safe back to me with an answer from 
Col. Bradstreet. If they receive any injury either in going or re- 
turning, or if the Letters are taken from them, I will immediately 
put Capt"- Pipe & the other Indians now in my power to Death, 
and will shew no mercy for the future to any one of your Nations 
that shall fall into my hands. I allow you ten days to have my 
Letters delivered to Col. Bradstreet at Detroit, or to the Command- 



PROVINCIAL COUNCIL. 209 

ing Officer there, and the same number of days to bring me back 
an answer from him. 

" You must be sensible that during your stay here, I have had it 
in my power to put you all to death, & you deserved it, by refusing 
to speak with me when you pretended to have come as Friends, but 
I have not done it, to shew that you have yet a door open to mercy ; 
and I desire that you will now go to your Towns (except the two 
men who are to proceed with the Expresses), and acquaint your 
Chiefs of what I say, and that I expect they will immediately come 
to me & deliver up all their prisoners, if they have not already de- 
livered them to Col. Uradstreet, & give such other Satisfaction for 
the murders committed by your Nation, as I shall require of them. 
With this last part I send to the Chiefs this Belt of Wampum to 
shew them that I shall still be ready to hear them, on their giving 
me proper satisfaction." 

A Belt. 



Speech of an Onondago and an Oneida Indian, to Col. Bouqueff at 
Fort Fitt, the 2d October, 1764. 

Usual Compliments, a string of Wampum. 

*' Brother : 

" We are come to inform you that the Indians living upon this 
River are now in a state of Confusion ; you do not see clearly what 
their intentions are, and we desire you to wait a little, and make 
yourselves easy ^till we are able to open your Eyes, as we still see 
you keep some evil designs in your minds against them ; We, like- 
wise desire you may remove all this from your hearts, and that you 
will receive them civilly, should any of them come to see you, & 
they will treat you in the same manner." 

A String. 
" Brother : 

" We desire you will remember tho ancient Friendship which has 
so long subsisted between you and the Six Nations ', We have been 
sent by Sir William Johnson to speak to the different Nations this 
way, to endeavour to make up matters between you & them ; and we 
beg you will hear them, and comply with their Requests, as they arc 
ready to do with yours. We now see you are going against those 
Nations who first disturbed the Peace, who are the Senccas living 
down this River, the Wyandots, the Delawares, and the Shawanese. 

" They are all now sincerely sorry for what they have done, &are 

collecting all their Prisoners from the Lower Shawanese Town, in 

order to deliver them up at Sandusky. What we now tell you on 

the behalf of these Nations is y^ Truth; You may depend upon ev- 

voi. IX. — 14. 



210 MINUTES OF THE 

ery thing we say, as we have never deceived you, knowing that if w® 
did, God would punish us for it. 

A Belt. 
" Brother : 

" As the Officer who commands the Array upon the Lakes has 
taken the above Nations by the hand, and kindled for them a Coun- 
cil Fire at Sandusky, where they are now going, they beg that you 
would likewise forgive them, as they very much repent their past 
Conduct, & they promise, that as soon as they have complied with 
their Engagements there, they will then come & ask forgiveness of 
you, 'till which time we desire you may not be uneasy. They have 
desired us to assure you, in their names, that they will be at San- 
dusky in five days from this date, to deliver up all their Prisoners ; 
and we desire once more, that you will wait a little, and not be un- 
easy 'till you hear further from them, but consider what we have 
said; And asj'ou have detained two of the Delawares that came to 
see you, we give it as our opinion that it would be best to let them 
return home, giving them a Letter to their Chiefs, informing them 
of your intentions. 

A Belt. 
^' Brother : 

" We beg once more that you will seriously consider what you 
are now going to do, and do nothing precipitately; but if you are 
determined to proceed with the Army, it is our opinion that it 
would be best for you to take the road leading to Sandusky, where 
you will meet with Col. Bradstreet, and there settle every thing 
with him. When the Terms of Peace are settled with the Nations 
who desire, Should any of them refuse to comply with the Terms 
agreed to, or break the Peace afterwards, we will join with you to 
chastize them. We feel as well as you the misbehaviour of those 
Nations, but as they now repent, we forgive them, & hope you will 
do the same.'' 

A Belt. 



Colonel Bouquet's Speech to the above, Fort Pitt, Octr. 3(7, 1764. 

"Brothers: 

"You say that those Nations are Sorry for what they have done, 
and that they will make Peace with us, and deliver all their Prisoners 
at Sandusky. 
^' Brothers : 

"The Delawares, Wyandots, & Shawonese are a false People, and 
they deceive you as they have always done; if they are sincere, why 
don't their Chiefs come to speak to me. They have, in time of 
peace, killed our Traders in their Towns; they stole all their 
Goods. 

" They have attacked this Fort, & when I came up last Year 
they attacked me ia the Woods, and killed some of our people, and 



PROVINCIAL COUNCIL. 211 

finding us too strong for them here, they went to the Settlements, 
where thcj murdered & carried off a great number of our Men, 
Women, and Children. 

" When the Chenusses and all the Western Indians have made 
Peace with Sir William Johnson at Niagara, these People did go, 
but they wrote a Letter, to tell him they despised us. At last you 
went to Col. Bradstreet, at Presque Isle, and asked Peace for them, 
& told him they had recall'd all their Warriors from our Frontiers, 
but a long time afterwards they killed a man at Bedford, and a 
great many more in Virginia, and they even kill now. 

"When I saw their hearts were still so bad, I came here with 
the Army to attack them, but I first sent to Sandusky, to inform 
Col. Bradstreet that they had again struck us; my messenger did 
not find him at Sandusky, and saw that the Delawarcs had killed 
another of our People, and fi.xed his head upon a Pole in the Path, 
after you had asked peace for them. Now that they see we know 
their perfidy and will chastise them, they say they are sorry for 
what they have done, & will make Peace, but that is not sufficient 
Satisfaction for us. 
" Brothers : 

" The General has sent me with an Army to take revenge for the 
Murders committed by the Delawares and Shawanese, and not to 
make peace, but as you say they want to be Friends with us, I will 
tell you what I intend to do. I will go (as you desire) by the road 
leading to Sandusky, & if the Chiefs of the Delawares and Shawa- 
nese have anything to say to me I will hear them at Tuscarowag, 
and if they are sincerely inclined for peace, I will determine at that 
place what they are to do to obtain it, and in case they agree with 
me upon the preliminary Terms, I will permit them to go to S''' 
William Johnson to conclude it. 

" I have detained Two Delawares, because they came here as Spys, 
without having to say any thing from their Chiefs, & at a time 
when the Delawares & Shawonese had broke the peace and struck 
us again. I will, however, use them well, and when peace is con- 
cluded between us & the Delawares, I will send them home. 
" Brothers : 

" You told Col. Bradstreet, & you now tell me, that if these Na- 
tions broke the peace you had made for them, you would join us & 
strike them. You see they have broke the Peace, and that their 
Partys are still at our Frontiers killing our people ; they know this 
to be true, & have deceived you. I will write to Colonel Bradstreet, 
and hear what has passed between him & those Nations, and I ask 
you whether you will go with two of my people to Col. Bradstreet, 
and bring me an answer with my two men at Tuscarrowas, and I 
declare to you that if the Delawares, Shawanese or Wyandotts do 
them any injury, I will put the two Delaware Indians to death, and 
march against them, which, if they oblige me to do, they must never 
expect peace from us. 



212 MINUTES OF THE 

" You may let the Delawares & Shawonese know tbat on my 
March to Tuscarrawas, I -will not kill any of their people, unless 
they attack me first." 

A Belt. 



October, the 3d. The Army left Fort Pitt and arrived at Beaver 
Creek, where John Palmer, who had been taken Prisoner the 28th 
of September, came to the Army, having made his Escape from the 
Indians the night before. 



October, the 13th. Arrived at Tuscan'owas without any intet- 
ruption from the Enemy, who kept parties upon the road to observe 
the motions of the Army. 



" Camp at Tuscarrowas, October the 14th, 1764. 

Received the following Message in writing from the Chief "War- 
riors of the Delawares. 

"Brother Colonel Bouquet: 

" We are glad to hear the good Speeches which you made, & also 
that our Brother, Capt°- Pipe and Capt"- John, are alive, and salute 
us. 

" We now salute you with a good heart, and shall be more glad 
when we meet you at Tuscarrawas; if we see our Brothers Pipe & 
John at a small distance, then we should think that you mean 
nothing but good. 
Signed, 

"Linechque, Simon Girty, 

" Winginum, Capf- Will, 

" Neclaw, Capf- Jacobs. 

" Sunfish, Neachablan, 

" Capf- Killbuck, Jecasso, or Tho'- Hickman, 

" Welapachickin." 
The above Message wrote by Mr. Gibson, a Prisoner amongst 
them. 

Colonel Bouquet's answer: 

" Camp near Tuscarrowas, ) 
October 15th, 1764. j 

" Chiefs, Captains, & Warriors of the Delawares : 

" I received your Letter you sent me yesterday, by which I see 
you are coming to speak to me ; I shall be glad to hear what you 



PROVINCIAL COUNCIL, 213 

have to say, and will wait for you to-morrow at this place. You may 
come without fear, for I will not hurt or detain any of you, but leave 
you at liberty to go when you please, not doubting butyou will behave 
in a proper manner. You will give me notice a little before hand at 
what time you intend to come, that I may send people to bring you 
to Camp. 

" Capf- Pipe and Capf- John are both well, and if any of their 
Friends choose to see them, I will give them leave after I have heard 
what you have to say; and they will be set at Liberty as soon as 
Peace is made, which will shortly happen, if you have well con- 
sidered my Message, and determined to do what is right. 

Sign'd, HENRY BOUQUET." 



Camp near Tuscarrowas, ") 
October 16th, 1764. j 

Speech of Four Senecas & two Delawares to Colonel Bouquet : 
"Brother: 

" We received your Message yesterday by the White Man you 
sent us. Expressing you was glad he returned to you after being at 
our Towns to acquaint you of our coming to meet you. We now 
thank God for giving us this opportunity of seeing one another and 
speaking together; And our Chiefs, Warriors, Women, & Children, 
return you their thanks for the Message you sent them Yesterday.' 

A String 
*' Brother : 

" We thank God for enabling us this day to wipe your Eyes, 
that you may clearly see our Chiefs when they come to speak with 
you; And we clean your Body with this String of Wampum, that 
you may chearfully receive to your heart the good Speeches they 
will make to you. 

A String. 
" Brother : 

" As we have now wiped your Eyes and cleaned your Body in 
behalf of ourselves, The Senecas living on the Ohio, the Delawares 
and Shawanese, We inform you that the reason of our not coming 
sooner, is because the Shawanese are not yet come, but the Chiefs 
of the other two Nations are all present, and expect the Shawanese 
to-morrow, when they shall have a meeting among themselves; they 
then come to speak to you. 

" Brother : 

"Another reason for not meeting you sooner, was because that 
Colonel Bradstreet had invited us to the Lakes at the same time 
that you expected us to meet you at Fort Pitt. In this case, we 



214 MINUTES OF THE 

•were at a loss which, way to go, but when you hear our Chiefs, you 
will then be convinced that our delay was not through any bad de- 
signs against you." 

A String. 

Colonel Bouquett's answer : 
*' Brothers : 

'' I am glad to hear what you say ; and as peace is preferable 
to War, I shall be well pleas' d if we agree upon Terms^ 

A String. 
i' Brothers : 

"You sent me a Message yesterday, acquainting me that you 
would come and speak with me to day. You tell me you cannot 
speak to me, because the Shawanese are not come, & that when the 
Shawanese do arrive, you will consult together; But I now tell 
you, 'tis not necessary to wait for the Shawanese, as I will hear to- 
day or to-morrow what the Delawares have to say by themselvc-s, & 
I will not stay for the Shawanese, but will hear separately what 
each nation have to say ; and I desire the Delaware Chiefs to speak 
for the Delawares only, and not for the Senecas or Shawanese." 

A Strino;. 



Camp near Tuscarowas, October 17th, 1764. 

At a Conference held with the Chiefs of the Senecas, living on 
the Ohio, The Delawares, and Shawanese. 

PRESENT : 

Colonel Henry Bouquet, Command'g his Majesty's Forces in y*' 
Southern District. 

Lieutcn'- Col. Reed, Eoyal Highlanders. 

Lieut*- Col. Francis, Pennsylvanians. 

Lieut'- Col. Clayton, Do. 

Major Prevost, Koyal Americans. 

Major jMurray, Royal Highland"- 

Major DeHaas, Pennsylvanians. 

Major Field, Volunteer&. 

Brigade Major Small. 

Capt"- Stuart, Royal Highlanders. 

Capt"- Grant, Do. 

Capt"- Ourry, D. Q. M^- Gen'- 

Capt"- Williams, Chief Engineer. 

Capt"- Lewis, Virginia JVolunt*- with sev'- other Gentlemen of 
y'- Army. 



PROVINCIAL COUNCIL. 215 

Mr. Alex''- McKee, Assist*- Agent for Indian Affairs, & David 
Owens, Interpreter. 

Indians : 
Senecas, Beaver & 20 Warr'-' 

Keyashuta Chief, with 15 Warriors, Sbavranese, 
Delawares, Keissinuchtcha. a Chief & 

Custalogo, 6 Warriors. 

Keyashuta and Turtleheart, Speakers : 
" Brother : 

" In the name and by order of the Chiefs of the seTernl Nations 
here present, with this String of Wainpuin we clean your Ears, that 
you ujiiy hear with attention, what they are now going to say to 
you. 

A String. 
" Brother : 

" We have done our utmost to be ready to speak to day as you 
desired, & we now inform you that it was owing to tiie Nations who 
live to the Westward of us, and to our foolish young men, that the 
War has happen'd between us, so that it is neither your fault nor 
ours; And as you desired us yesterday to be strong in doing good, 
We now throw away every thing bad, so that none of it remains in 
our h -arts, & wo join our thoughts with yours, that we may al- 
ways be of one mind for the future. 

Two large Belts. 
" Brother : 

" Now we have thrown every thing bad away, nothing remains 
bad in our hearts, but good. We take fast hold of the Chain of 
Friendship, and we, the Chiefs of the Delawares, Shawanese, & 
Senecas, living upon the Ohio, who are now related to the Six Na- 
tions, request you will do the same, as we cannot huM it fast without 
your help, & we must both look up to God, who now sees every 
thing that passes between us, for his Assistance. Do not think 
•what we say comes from our Lips only; it proceeds from the bot- 
tom of all our hearts. Therefore we again request you will join 
both hands with ours, to this Belt of Friendship. 

A Belt. 

"Brother: 

" We have repeatedly told you that we have thrown every thing 
bad from our hearts, that you should hear nothing but good from 
us. Col. Bradstreet has desired us to deliver up your Flesh and 
Blood; we now assure you it shall be done, as you have long de- 
sired to see them. Our Reasons for not complying with this request 
sooner was, that Col. Bradstreet held us by one hand and you by 
the other, so that we did not know which way to carry them. But 
wo now desire you will inform us at wliat place you chuse to receive 
them, whether at Fort Pitt, or the Lake. We have been very dil- 



216 MINUTES OP THE 

igent in collecting ourselves together, with a few Prisoners, you see^ 
to meet you." 

N. B. here they delivered up 18 white prisoners. 

A Belt. 

" This is all we are ordered to say by our Chiefs. You will now 
listen to themselves here present." 

Custaloga, Chief of the Delawaresof the Wolf Tribe, Speaker. 
" Brother : 

" By this string, I confirm every thing that has been said by 
our Two young Men. 

<'A String. ^ 

" Brother : 

" I assure you that the intention of my Tribe is good, and that 
we are determined to do what you desire of us, & deliver you up 
all your Flesh and Blood. 

A Belt. 

" I now deliver you the number of Prisoners amongst my Peo- 
ple.' 

Delivered 42 small Sticks. 

Beaver, Chief of the Turkey Tribe, Speaker. 

" Brother : 

" You shall likewise soon see all your Flesh & Blood who are 
still prisoners amongst my Tribe." 
N. B. Delivered 41 Small Sticks. 
Keyashuta, Speaker. 

" Brother : 

"You have heard all we have to Say at present, and we think 
we have done every thing required of us by Colonel Bradstreet, who 
sent me to their Nations, with these Articles of Peace. ^' 

Here he produced the Original Articles of Peace, signed by 
Colonel Bradstreet. 

The Conference intended to have been held with the Indians on 
the 18th, was deferred till the iiOth, on acconnt of the badness of 
the Weather. 



Camp near Tuscarowas, October 20th, 1764. 

At a Conference held with the Senecas & Chiefs living upon the 
Ohio, the Delawares <& Shawanese. 

PRESENT : 
Col. Henry Bouquet, Commanding his Majesty's Forces in the 
Southern District, & the Officers mentioned at the Conference of the 
17th ; Also, the same Indians, Chiefs, & Warriors. 



PROVINCIAL COUNCIL. 217 

" Chiefs, Captains, and Warriors : 

" I wish that in your Speeches you may have expressed the true 
Sentiments of your nations, but we shall judge of your Sincerity, 
not from your Words, but from your Actions. 

A String. 

" You say that 'twas not your fault that this War has happen'd, 
but that 'twas owing to the Western Nations, and to your foolish 
Young Men. I answer that 'tis your fault, because we might have 
protected you against these Nations had they attempted to force 
you to make War upon us. And as to your Young men, it is your 
duty to chastize them when they do wrong, & not suffer yourselves 
to be directed by them. 

A String : 

"I am glad to hear you have thrown everything bad out of your 
hearts, & that you are now sincerely disposed to take fast hold of 
the Chain of Friendship, which, as soon as a Peace is made with you. 
We shall likewise hold fast. 

A String. 

" You say the reason of not delivering your Prisoners sooner, 
was because Col. Bradstreet had told you to deliver them to him at 
Sandusky, & I had told you to deliver them to me. You know by 
the treaty made with Colonel Bradstreet, and now in your hands, 
and to which I appeal, you promised expressly to deliver all the 
Prisoners to him at Sandusky, in Twenty-five days after the 14th 
of August, when the said Treaty was Signed. And if you failed 
in the performance of that Article, the peace was then broke from 
that moment. The day on which the prisoners ought to have been 
delivered, was the 8th of September, and my first Message to you 
in writing (and in your hands), is dated at Fort Pitt, the 20th of 
September, 12 days after the time fixed was elapsed, and not being 
sent till the 22d, you could not receive it in your Towns before the 
27th ; therefore, that Message cannot in any manner excuse you 
for breaking the Peace in not delivering your prisoners either to Col. 
Bradstreet or to me, from which 'tis very evident that as usual, you 
never intended to deliver them. Again, when you begged for peace, 
you assured Col. Bradstreet that you had re-call'd all your Warriors 
from our Frontiers, & you know contrary to that Declaration they 
have continued to murder our People, and to take them Prisoners, 
to this day, which we can prove by an old Man here present, who 
was taken on the 28th of September, 45 days after the Peace made. 

" I have, besides, certain information that you were determined 
to pay no regard to that peace, and had actually collected all the 
Warriors of the Mingoes, Delawares, and Shawanese, to attack this 
Array, if you had found you had a sufficient force for it. Having now 
answered and refuted every thing you have said in excuse for your 
breach of the Peace, I am commanded by the General to declare to 
you, that as you have broke the peace granted to you by Col. Brad- 
street, he, likewise, break it on his side, and S'' William Johnson 



218 MINUTES OF THE 

has already informed the Sis Nations, and all the Western Indiana 
of your perfidious Behaviour to us. 

A Belt. 

" You must be sensible that you deserve the severest Chastise- 
ment, but the ICnglish are a merciful and generous people, averse to 
shed the blood even of their most cruel Enemies; & if it was pos- 
sible that you could convince us that you sincerely repent of your 
past Conduct, and that we could depend on your good Behaviour for 
the future, you might yet hope for mercy & peace; but, before I 
tell you the Terms, I will recapitulate the many Injuries & insults 
we have recently received from you, or your Allies, which have at 
last occasioned the march of the King's Army into your Country. 

A Belt. 

"You have begun this War without the least reason or provoca- 
tion whatsoever ; You have in time of profound peace, & without 
having received the least injury, murdered Captain Clapham, who 
had been a Friend & a Father to many of you. 

" You have killed or Captivated all the Traders sent to your Towns 
at your own repeated request, & plundered their eflfects. 

" You have dared to attack Fort Pitt, to the building of which 
you expressly consented, when in presence of George Croghan, De- 
puty Agent for Indian Affairs, I made the first Treaty with you upon 
the Ohio, after we had dispossesed the French of Fort Duquesne, 
and several of you now present, assisted at that Treaty. You mur- 
dered, treacherously, last Year, one of our men sent in a Canoe from 
Fort Pitt to bring over the Ohio some of your people who preten- 
ded they had a Message to deliver to the Commanding Officer, and 
you violated, by that horrid Crime, the Custom held sacred by all 
Nations, not to kill persons employed in publick Messages, even in 
time of War. 

'^ You attacked, soon after, the King's Troops in the Woods, and 
being defeated in the attempt, you fell upon our Frontiers, where 
you have continued to murder our people to this day. 

" One of your partys killed, lately, in one day, eleven Children 
at a School, and not satisfied with that infamous action, they mas- 
sacred, near the Little Beaver Creek, the only Boy they had spared, 
& had the impudence to fix his head upon a pole in the middle of 
the path, and this they did after they had begged Peace from Col- 
onel Bradstreet. You have constantly declared that you would never 
make Peace with the English, and when the Senecas and Western 
Indians begged for peace, you alone, have pretended to stand out, 
declaring that you despised all the Eiforts we could make against 
you, as appeared by that insolent Letter you obliged Thomas Small- 
man to write, and sent to Sir William Johnson at Niagara. 

" Your Conduct has always been equally perfidious, you promised 
at every former Treaty, as you do now, that you would deliver up 
all your Prisoners, and have received every time on that account 



PROVINCIAL COUNCIL. 219 

considerable presents, but you never comply'd with that nor any of 
your Engagements. 

" You know that all these charges are true, and only a small 
part of the numberless murders, Depredations & breaches of Faith 
you have been guilty of; and I am now to tell you, that wo will no. 
longer be imposed upon by your promises, & that the Army shall 
not leave this Country until you have fully complied with every 
Condition that is to precede any Treaty with you. 

A Belt. 

"I have brought with me the relations-of those people you have 
massacred or taken prisoners, they are impatient to take revenge of 
the Bloody murderers of their Friends, and it is with the greatest 
difficulty that I can protect you against their just resentment, by 
assuring them that no peace shall be granted you till you have 
given us a proper' Satisfaction. 

" Your former Allies the Ottawas, Chippawas, Wyandots, &c., 
have made this peace with us, and the Six Nations have joined us 
against you. 

" We now surround you on every side, having possession of all 
the Waters of the Ohio, Mississippi, the Miamis & the Lakes. All 
the French living in those parts are now Subjects to the King of 
Great Britain, and dare do longer assist you. 

" It is consequently in our power to destroy you, but if I find 
that you execute faithfully the Conditions I shall require of you, I 
will not treat you with the Severity you deserve. 

" I give you twelve days from this day to deliver up to me at 
Wickatamike all the prisoners in your possession, without any ex- 
ception. Englishmen, Frenchmen, Women and Children, whether 
adopted in your Tribes, married or living amongst you, under any 
denomination, or any pretence whatsoever, as also all negroes, & to 
furnish all the said prisoners with cloathing, provision & horses, to 
carry them to Fort pitt. 

" When you shall have fully complied with this preliminary 
Condition, I will then let you know on what Terms ycu may obtain 
the Peace you sue for." • 

A Belt. 

October the 20th, 1764. Col. Bouquet having required the 
Chiefs to appoint a man of each Nation to attend him on his March 
to the place fixed, they named Keyashuta for the Senecas. Turtle- 
heart and Custalogo's Son, for the Delawares, and James Smith 
for the Shawanese. 

Keyashuta, addressing himself to the Nations present, desired 
them to be strong in performing every thing then required of them, 
and they had been accused of having told lyes always before, to be 
now punctual in the Execution of their promises, to convince their 
Brethren that they could speak truth ; he adds that he would con- 
duct the Army to the place appointed for delivering up the pris- 
oners. 



220 MINUTES OF THE 

Keisinantcha, Chief of the Shawanese, said he would imraedi- 
ately go to inform his Nation of every thing he had heard, but as 
the distance was great they could not be at VVaghatawmaky in 10 
days, when they would certainly meet us and comply with every 
thing required of them, & that he expected the Shawanese would 
be treated in the same manner as the Delawares. 
'' October 22d, 1764. — The Army proceeded, attended by a num- 
ber of Senecas, Delawares, & Shawanese, and arrived at the Forks 
of the Muskinghara the 25th, this place having been fixed upon as 
more Centinal than Wackatamaha, to receive the prisoners. 

27th October. — Col. Bouquet sent a Shawanese with a Message 
to his Nation. 

First : desiring them to be punctual as to the day for delivering 
up their prisoners. 

Secondly : as they had expressed some uneasiness in our not 
shaking hands with them, to tell that only the English took their 
friends by the hands, and that they could not expected to be treated 
as such till a peace was concluded with them. 

Thirdly : To bring the Letters wrote for Col. Bouquet by the 
French Officer Commanding at Fort Charter, which were sent last 
Winter by three Shawanese, but detained by their Nation. 

4thly. To provide themselves with a sufficient quantity of pro- 
visions to subsist their people and their prisoners during the time 
necessary to settle matters at this place. 

28th. — The above messenger returned and informed Bouquet 
that he did not proceed all the way with his Message, but having 
delivered it, Waghatowraaky, the Chief of that town, proceeded him- 
self with it, & desired him to return & ascquaint the Colonel that 
he had already collected all his own prisoners, which would arrive 
in two days, & that he was going to the lower Shawanese Towns to 
hasten the people to bring their prisoners. 

A String. 

29th. — Custalogo arrived with his prisoners. 

30th. — Custalogo informed Col. Bouquet, by a String of Wam- 
t)um, that as soon as his people was all come, which he expected to- 
morrow, he would then speak to him. 

A String. 

Col. Bouquet informed him he would have been glad to have 
heard him to day, but as there was yet two days of the time ap- 
pointed to come, he would not hurry him. 

31st. — Arrived the Big Wolf and seven other Shawanese, And 
delivered up 8 White prisoners, and informed Colonel Bouquet 
llhat they were sent by their Chiefs to assure him that he might 
depend upon seeing them with all their prisoners at this place. 

A String. 

Col. Bouquet's answer : 

" I am glad to see you in so good disposition, & that you 
ihave brought these prisoners before the time fixed in delivering 



PROVINCIAL COUNCIL. 221 

the whole up, & I hope your chiefs -will follow your Example, 
& deliver every drop of White blood in your Nation." 

A String. 

November the 1st. — Custaloga & Keyashuta, with several 
other Indians. 

" Brother : 

" Two days ago we appointed to meet you to-day, and we 
desire you will listen to us. 

A String. 

" Brother : 

" On our first meeting you at Tuscarowas, you then desired to 
see your flesh and Blood at this place, agreeable to which we, the 
Delawares, now deliver you up 32 English prisoners, and the Se- 
necas present deliver you 3 ; there is yet amongst them four more, 
which they have sent for and will be here to-morrow. 

A Large String. 
" Brother : 

" We have told you both at Tuscarowas and this place, that we 
would strictly comply with your desire in delivering all our pris- 
oners, & now the four Nations, which this Belt represents, join as 
one and have agreed to follow your advice, and further are deter- 
mined to prevent & defeat any bad designs that may be formed 
against you by any Nation whatever. The Wyandotts have made 
peace with Col"- Bradstreet, but notwithstanding joined with us in 
delivering you this Belt, to renew their Frienship with you." 

A Belt. 

They then addressed themselves to the Cochnewagas present, 
in substance of the above speech, with a String. 

Colonel Bouquet's answer : 

" I have heard with pleasure the good Speeches you have made 
to me, & I receive these prisoners as a mark of sincerity of the 
promises you made at Tuscarowas, and I recommend to you to be 
always sincere in your Transactions with us, and as it is the only 
means to make us forget what is past, and to bring about a recon- 
cilation, you must not forget that there is a number of prisoners 
amongst you; and till the last of them arc delivered up, I cannot 
proceed to the good work of peace." 

A String. 

November 2d. — We sent to Sandusky an Officer and three 
Men of the Virginians, and two Cocknowaga Indians, with a Mes- 
sage to the Wyandots, ordering them to deliver up all the prisoners 
they had left. 

This day King Beaver arrived with his prisoners. 

3d. — Received a Message from the Shawanese Chief, acquainting 
Colonel Bouquet that they were coming with all their prisoners. 
Col. Bouquet sent them an answer to hasten them, & a string of 
Wampum, to bring the Four French men who lived amongst them, 



222 MINUTES OF THE 

The same day, having an Intelligence that some French traders 
was arrived at the lower Shawancse Towns, Michael, with two Coch- 
nawago Indians, was sent oif with a Message to the Red Hawke, 
Chief of that nation, requiring him to have the said Traders seized 
and brought to Colonel Bouquet. 

Custalogo and King Beaver, with several others. 
" Brother : 

" It is now late, and we can say but little, but to-morrow you 
may be assured in hearing of every thing we have to say. 

A String. 

" Brother : 

"We now deliver you fifty-seven Prisoners. Our reasons for 
doing it to-night, perhaps some of them may attempt to run away. 
You can tahe better care of them than us, and to-morrow we will 
speak to you. 

A Belt. 

4th. — The Indians sent in a Message that they was ready to 
speak. Col. Bouquet sent them for answer, that he would not ad- 
mit them to speak till they had delivered the remainder of their 
prisoners. 

5th. — King Beaver delivered up eight White prisoners, & Cus- 
talogo deliv''- up three prisoners. 

Mr. Michael returned with the two Cochnewaga Indians, having 
been stopt by Keissuntchatcha, the Chief of the Shawanese, at 
Waghatamaky, who informed him that the Chiefs of the Lower 
towtis were all gone down to the French, and that he would do no 
Business there, if even he proceeded, and that all the people of the 
Lower town were on the way, with all their prisoners, to meet 
Colonel Bouquet. 

6th. — Owens, Turtle heart, a Delaware Indian, were sent to the 
Shawanese to know whether they were coming, and the time they 
would be here. Owens returned from the Shawanese the 7th In- 
stant, & said they would arrive with their prisoners y° 9th ins'- 

A Soldier was found killed in the Woods; The Indians were 
suspected, & the following Message was delivered to their Chiefs : 

" Kcyashuta, One of our Soldiers has been killed this morning 
near the White Woman's Creek. As this murder has been com- 
mitted in the Country of the Delawares, I expect that they will find 
out and deliver to me the murderer; & till they do it, I shall make 
that Nation answerable for the murder ; Therefore acquaint, forth- 
with, the (Chiefs of the several Tribes of the Delawares with this, 
that they may exert themselves toward the Discovery of the mur- 
derer." 

A String. 

The Chiefs promised to deliver up the murderer, if they could 
discover him, and sent five Indians in pursuit of a Wyandot, whom 
they believed to be guilty of that Crime. 



PROVINCIAL COUNCIL. £23 

8th. — Sent a Message to the Shawanese, to acquaint them with 
it, and to desire them to come in with their Prisoners, and not be 
afraid on account of that murder. 

The Shawanese sent Thomas Smallman, a Prisoner, among 
them, to the Camp, with some of the Horses stolen by the Senecas, 
& sent word they would come in the 10th with their Prisoners, and 
sent the following Letter : 

" Waghatawmaka, 8th November, 17G4. 
" Brother : 

" We the Shawanese, have thought proper to send our Friend 
Mr. Smallman to acquaint you of our arrival at this place, and have, 
according to your desire, brought with us a great number of your 
Flesh and Blood, which should have been given up to you before 
now, had we not heard some evil reports that you had some bad de- 
signs against us. We now dispatch the Bearer, with one of our 
young men, to know the Truth of it. Si, shall, upon your invitation 
of writing, proceed with all the prisoners to your Camp. We, the 
Shawanese, are come with no other intent than to see you, and ratify & 
confirm ourantient Friendship, & to make an everlasting peace with 
you, our Brothers. 

" I am, in behalf of the Shawanese, 

" Your Friend and Brother, 
" BED HAWKE, or 
" MESQUAPAMESQUE, Chief Captain." 



At a Conference held with the Senecas, living upon the Ohio, 
and Custalogo Tribe of Delawares, at the Camp upon Muskinghara, 
Nov^- 9th, 17G4. 

PRESENT : 

Col. Henry Bouquet, Commanding his Majesty's Forces in y*- 
Southern District, and all the Officers mentioned, & several Gentle- 
men of the army at y"- former Conference. 

Mr. Alexander McKee, assistant Agent for Indian Affairs. 

India7i)i : 

Senecas, Keyashuta, Chief & 10 Warriors, Delawares, Custalogo, 
Chief & 20 Warriors. 

Keyashuta, Speaker : 
" Brother : 

"The misfortune which has happened of one of your people be- 
ing murdered the day before Yesterday, gives us the Same Sorrow 
it gives you, and we beg that this accident may be no hindrance to 
the friendship already begun between us." 

A String. 



224 MINUTES OF THE 

" Brother : 

*' By this String of Wampum we wipe the tears from your Eyes, 
and remove from your heart the resentment which this murder has 
raised against us, and we hope that you will throw away every thing 
bad that this may have occasioned, & hear us fully." 

A String. 
" Brother : 

" We have strictly complyed with your desire, and now deliver 
you these three prisoners, which are the last of your Flesh and 
Blood that remain among us; the Senecas and Custalogo's Tribes 
are now gathered together, and bury with this Belt all the Bones of 
the people killed during this unhappy War, which the evil Spirit 
occasioned amongst us. 
" Brother : 

" We cover the bones which have been buried, in such a manner 
that they may never more be remembered. 

A Belt. 
''Brother: 

" We cover them again with leaves, that the place where they 
are buried may never more be seen." 

A String. 
"Brother: 

"As we have been a long time astray, and the path between us 
& you stopp'd, we hope the path will be again clear'd ; & we now 
extend this Belt of Wampum between you & us, that we may 
again travel in peace to see our Brothers as our ancestors formerly 
did, and as you will hold it by one end and we by the other, and 
we hope we shall always be able to discover any thing that may 
happen to disturb our Friendship." 

A Belt. 

" Brother : 

" As we have now extended a Belt representing a road between 
you and us, we beg that you will take fast hold of it, that the path 
may always be kept open between ua. This is all we have to say 
at present. 

A String. 



Colonel Bouquet's answer to Keyashuta & Custalogo, at the Camp 
upon Muskingham, Novemher dth, 1764. 

" I have heard, with pleasure, the Speeches you have made, which 
I shall now answer. 

A String. 

" Two days ago one of our men was murdered. I do not charge 
yoU; personally, with that murder, but as it has been committed in 



PROVINCIAL COUNCIL. 2?l! 

your Country, the Blood must remain upon your heads till the 
murderer ho delivered up to be punished Capitally. 
A String. 

" I received this three last prisoners, which you now deliver up, 
and I bring the Bones of the people who fell in the War, so the 
place be no more seen. 

A String. 

" Your reaJiness in complying with every condition I have already 
required of you, convinces me that your Intentions are upright, & 
consequently I will now treat you as Brethren, and speak to you as 
such. 

A String. 
"Brother : 

" You ask Peace ; the King, my Master, and your Father, has ap- 
pointed me to make War upon you, but he has other Servants who 
are employed in the Work of Peace, and his Majesty has been 
pleased to impower Sir William Johnson to make Peace with the 
Indians. It is to him, therefore, that you are to apply, but before 
I can give you leave to send to him, two things are necessary to be 
settled; the first is that, as peace is not yet made, you will deliver 
to me four Officers or Hostages, Viz'- : Two for the Senecas, & two 
for Custalogo's tribe, who are to remain in our hands, at Fort Pitt, 
till the Peace is concluded with S'- William Johnson, as a Security 
that you shall commit no hostilities or violence against any of his 
Majesty's Subjects or Propertys, and when the Peace is made, they 
shall be delivered back to you. 

A Belt. 

"The Second is, that the Deputies you are to send to Sir William 
Johnson be fully impowered by you to treat for your tribes, and 
that you engage to abide by what they shall stipulate in that Treaty. 
Sir William Johnson will settle every thing concerning Trade, or 
any other point necessary to render the Peace everlasting. 

A Belt. 
" Brother : 

"The deputys you are to send to Sir William Johnson, as well as 
the Hostages to be deliver'd in my hands, are to be named & pre- 
sented to me for my approbation. 

A String. 

" I will inform S'- William Johnson of what has passed betweea 
us, and I speak to you now on your own Belts, that your deputys 
may repeat to Sir William Johnson all you have said to me. 

A Belt. 
" Brothers : 

" I believe that you have now delivered up all the prisoners you 
had in your Tribes, but, if any should yet be discovered amongst 
you hereafter, you are to deliver them at Fort Pitt, as well as any 
of those now delivered up that might return to you. 

A String. 

VOL. IX. — 15. 



226 MINUTES OF THE 

" Brothers : 

" You have not mentioned tome Capt°- Pipe & Capt°- John, who 
are both detained at Fort Pitt, but I have not forgot them, but as 
you have now delivered to us all our people, I will return to you 
these two ; there are still more of your people among us, but as 
they are not my prisoners I cannot dispose of them, but I will re- 
commend it to the General to have them given to you when the 
peace is concluded." The Col. then for the first time took the Chief 
by his hand, which occasioned great Joy amongst them. 



At A Conference held with the Turtle & Turkey Tribes of the 
Delawares, at Camp as aforesaid, November the 10th. 

PRESENT : 

. Col. Bouquet, with the Officers mentioned in the former Con- 
/erences and several other Gentlemen of the Army. 

Indians. 

King Beaver, Chief of the Turkey Tribe & 20 Warriors ; Keli- 
•pama, Chief of the Turtle Tribes with 25 Warriors; Custalogo, 
Keyashuta, with the Indians pres'- as yesterday. 
"Brother: 

" It gave us great satisfaction to hear the good Speech you made 
yesterday to one of our Tribes, and as you desired at Tuscarowas 
to see your Flesh and Blood, I now deliver you thirteen, who are 
the last we have remaining in our two Tribes, and it will likewise 
give us great pleasure that you will take us once more by the hand 
as your Brethren, that we may have the road now open for us in 
peace to see you. 

A String. 
" Brother : 

" I return you a great many thanks in behalf of the Chiefs, 
Warriors, Women &; Children of our three tribes, who are all glad 
.to embrace peace once more with their Brethren, and we likewise 
return God thanks for giving us the opportunity to take you by the 
hand in peace, which shall never more be broke on our side. Our 
young men shall now think of nothing but hunting, to exchange 
their Skins and Furs with their brethren for Cloathing. 

A Belt. 
." Brother : 

" Should we at any time discover any of your people who are 
not now delivered to you, they shall immediately be sent you, 
as well as those who may attempt to return to us. 

A String. 

" Col. Bouquet desired to know before he spoke to them, the 
reason there was no Chief of the Turtle Tribe ; they answered 



PROVINCIAL COUNCIL. 227 

their Chief was not present, but that his Bro"" Kalatama acted for him; 
the Col. asked them whether they would chuse to have the Speech 
delivered yesterday to the Senecas & Custalogo Tribes repeated to 
them, which they said they would be glad to hear from himself, 
upon which the same was repeated, with the following addition, that 
an Englishman who had murdered some of our people had brought 
the scalps to their nation should be immediately delivered up, & 
that each Tribe should deliver the same number of Hostages, & 
appoint the same number of Deputys, as had been stipulated to S'' 
William Johnson." 
A Belt. 

Novem''' 10th. — In the evening return'd the Officer and three Men 
of Virginia Volunt' who had been sent the 2d inst'- with a Message 
to the Wyandots, and brought the following Mess^'- from one of 
their Chiefs : 

" To Colonel Bouquet. 

"As I have rece'd certain intelligence that all our Chiefs have 
left their Towns, & gone some distance to the Westw**- to hunt, I 
hope you may not take it amiss that I do not proceed after them, 
being unacquainted of the places they may resort to. But I will 
send one of your young men this Winter to deliver your Message 
to them, their answer to which you shall be acquainted with early 
in the Spring, at which time we can conveniently carry all our pri- 
soners to Fort Pitt. 

Signed, 

" OTERUNQUE." 

Wrote the 8th November, near the head of Scioto. 

The above Officer was informed at a Delaware Town that the 
Wyandots had pass'd that Town with a number of horses whiqh 
they had stole from the English. 



At a private Conference held with the Chiefs of the Dela wares, 
11th Inst'- 

PRESENT : 

Col. Bouquet, Capt. Reid, Capt. Ourry, Mr. Alexander McKee- 
Indians : 

Custalogo, King Beaver, The new comer. 

King Beaver spoke : 
" Brother : 

" Yesterday you desired that we would appoint &, present to 
you the hostages to be left in your hands. We have named Six, 
and also five to go to S" William Johnson. They are men of Ex- 
perience, on whom we can rely, and proper to treat for us. Their 
names are : 



228 MINUTES OF THE 

Hostages : 

Mondeaticker, Katepacomen, or Simoa Grirtyj, 

Mendies or Davis, Pessquelonckiaa, or To Com- 

Killachkpcher, or Andrew pass, 

Trump, Waytskonowas. 

Deputies : 

Killbuck, Telapiskeva, 

Keyereyanghing, Luquest, or flower. 

Lahalapowhy, or Kitcbin, 
" Brother : 

'* You desire to know the Deputys & Hostages we should appoint } 
you have now their names, and these are the men. You also re- 
quired of us the man who had killed one of your Soldiers ; it is not 
in our power to deliver him, but as soon as we can discover who he 
is, & of what Nation, we shall inform you, and then you can de- 
mand him of his Chief." 

A String. 

Colonel Bouquet's answer. 

" Brothers : 

"I am glad you have appointed the deputys and Hostages re- 
quired of you. I have no objection to the persons you mentioned; 
they shall be well treated, & we shall take the same care of them 
as of our own people. 

" I am satisfied for the present with what you say in regard to the 
man who has struck us; as soon as I shall know of what Nation be 
is, I shall demand him of his Chief, and you will then be clear of 
the blame. 

" I do not think it proper that any of your people should go to 
our Settlements, The Inhabitants not yet being reconciled to you, 
but if some of you are desirous of going to Fort Pitt, you may with 
safety." 

A String. 

The Beaver spoke : 
" Brother : 

" We now produced to you the Deputies we intend to send to Sir 
William Johnson ; as they cannot understand nor express them- 
selves in English, We beg you will send an Interpreter with them." 

A String. 

Col. Bouquet's Answer. 
" Brothers : 

" You shall have from me all necessary assistance, & if you tell 
me what man you chuse for an Interpreter, I will appoint him." 

A String. 

The Beaver's reply : 

" As Owens speaks our language so well, and is accustomed to 
the Woods, We should be glad that he could accompany them." 



PROVINCIAL COUNCIL, 229 

Colonel Bouqmet: 

*' They shall kave him." 

The Colonel then spoke to their Chiefs; 

" The Chief of the Turtle Tribe having given me great reason to 
be dissatisfied with his Conduct, I depose him this moment; he is 
no more Chief; That Tribe is therefore to choose another Chief, & 
present him to me, and I will confirm him, and he shall be King of 
the Turtle Tribe, and acknowledged as such by the English." 

A Belt. 

Sichoumeack, for the Two feathers, & Cockadau, is to go with 
the Captives to Fort Pitt. 



Minutes of a Conference held with the Shawanese, Nov' 12th, 
1764. 

present: 
Col. Bouquet, with the Officers and several Gentlemen, as men- 
tioced in the former Conferences held with the Delawares, 

Indians : 
Keissenancthat, & Lawissirao, 

Nimisha, Binsivasina, 

Shawanese, Ewenecumee, 

Chiefs, Red Hawke, Keightughque, & 40 Warriors. 

The Red Hawke, 'Speaker. 
•** Brother : 

" We are come to this place to see you, & thaak Grod tSiat we are 
here met together, which gives us all a great deal of pleasure. 
^' Brother : 

" You will listen to us, who are yosir Young Brothers, & as we 
discover something in your Eyes which shews you are not satisfied 
with us, We now wipe away every thing bad between us, that you 
may «ee clearly ; and as you have heard many bad Stories, We 
likewise clear your Ears, that you imay hear us speak, & remove 
every thing bad from your heart, that it may be like the heart of 
your Ancestors when they thought of nothing but good; we now 
hope, as you are a Warrior, that you will think of nothing but 
good. 

A String. 

" Brother : 

" When you arrived at this place, & we were informed of your 
■desire, we immediately set about gathering your flesh & Blood, and 
accordingly all that could be collected by this time we have here 
brought to you, but there remains more among us, which you may 
assure yourselves you may see in the spring. 



230 MINUTES OF THE 

" Brother : 

" One Year and an half ago we made a Peace with you at Fort 
Pitt, which was soon after broke, but that was neither your fault 
nor ours, but the whole blame is to be laid on the Ottawas, who 
are a foolish People, and are the cause of this War. When we 
now saw you coming this road, you advanced towards us with a 
Tomahawk in your hand, but we, your younger Brothers, take it 
out of your hand and send it up to God to dispose of it as he 
pleases, by which means we hope never to see it more ; And now, 
Brethren, we beg leave that you, who are a Warrior, will take hold 
of this Chain of Friendship & receive from us, who are always 
Warriors, & let us think no more of War, but to take pity on our 
old men. Women and Children. 

A String. 
" Brother : 

" Since the peace we made at Fort Pitt, many of our Young 
men on both sides have been killed by this War, occasioned by the 
Ottawas, but I now bury their bones, so that they shall be no more 
seen. 
" Brother : 

" Now we have thrown away every thing bad out of our hearts, 
we hope you will hear favourably, our good men who are not now at 
home, but will surely come and speak with you in the Spring at 
Fort Pitt, and then you shall hear nothing but good. 
A Belt. 

" This is all your younger Brethren have to say to you at 
present." 

They then produced the following Messages, Letters, and Trea- 
tys, which were read : 

''A Treaty held with them in April 21th, 1711." 
"A message from Governor Gordon, December 4th, 1750." 
"A Letter from Thomas Penn, Jan^ l8th, 1732." 
"Another Letter from Governor Thomas, 15th August, 1742." 
"'After which he added, now Brother I beg that you who are 
Warriors may forget our disputes, and renew the ancient Friend- 
ship which appears by these papers to have subsisted between our 
Ancestors." 

Col. Bouquet's answer: 
" Captains and Warriors : 

" I have heard your Speaker & have seen the papers you have 
laid before me ; I shall take them into Consideration, & to-morrow 
morning I will give you my answer at this place, in the meantime 
I will receive the few prisoners you have brought us." They deliv- 
ered 36 prisoners. 



PROVINCIAL COUNCIL. 231 



At a Conference held with the Shawanese at Muskingham, 14th 
Nov'- 1764. 

PttESENT : 

Colonel Botiqnet, with the same Officers and Indians at a Con- 
ference of the 12th. 

Col. Bouquet's Speech to the Shawanese : 
■^^ Captains and Warriors : 

" The Speeches you deliver'd the day before Yesterday 
would have been agreeable to me if your actions had cor- 
responded with your w^rds. You spoke much of your dispositioa 
for a peace, but at the same time you neglected to comply with the 
only Condition upon which you can obtain it. To set this matter 
in a clear light, I will repeat to you what has pass'd between me & 
your chiefs : I received a message by two Indians at Fort Pitt, of 
the Six Nations, who are impower'd by the Senecas living upon 
the Ohio, the Delawares, Sha-wanese, to ask for peace. 1 told them 
if they were desirous of peace, your Chiefs should come to Tusca- 
Towas, and speak themselves to me ; accordingly, Kussenauchtha 
met me at that place a month ago, with some of your people, and 
having heard the Condition prescribed to the Senecas and Dela- 
"wares, he told me he likewise accepted them for the Shawanese, & 
that they would certainly come to me at this place in ten days, when 
they would deliver up all their prisoners. In consequence of that 
Engagement, I did not attack you as I had intended, but have 
waited for you at this place ever since- You are come at last, bring- 
ing only a small parcel of the prisoners, and you propose putting 
•off the rest till the Spdng. The Delawares have been equally con- 
•cerned with you in this ^Var; they have submitted to the Condi- 
tions I re<[uired of them, fully complying with every part of their 
Engagements with me, & have given me entire satisfaction by their 
Conduct in the Course of this Transaction. What right have you 
to expect different terms ? I shall cut this matter Short with you, 
and before I explain myself further, insist upon your giving me an 
immediate answer to the questions I shall ask you. 

A String. 

" 1st. "Will you immediately collect and deliver up all the pris- 
oners in your possession, Men, Women, and Children, & the French, 
living among you, with all the Negroes you have taken from us, 
either in this or in any other War, & that without exception or Eva- 
sion whatsoever. 

"2d. Will you give Sis of your people as Hostages, to remain in 
my hands as Security that the above prisoners shall be delivered 
"without delay, and that your Nation co^nmit no Hostilities against 
the persons or propertys of his Majesty's Subjects." 

A Belt. ' ( 



232 MINUTES OF THE 

Their answer, 

(Benwisaker, Speaker). 
"Brother: 

"What 3'ou have now required, we agree to; Six of our people 
shall go with you as Hostages, and I, myself, -will immediately re- 
turn to our lower Town, and collect all your flesh and Blood, that 
you may see them as soon as we can carry them to Fort pitt ; as to 
the Frenchmen you desire to be delivered up, we cannot do it; they 
are your prisoners, do with them what you please ; but we be- 
lieve they are return'd before this time to their own Country.'^ 
. Here they named ihe following Hostages : 

Red Hawke, or Mesquepalathee, Keightighqua, or Tawnamebuck^ 
or Comblade, Wakecawpa, or White Legs, Ewickunwec, or Hurst- 
ler, Neightthakeina. 

Colonel Bouquet's answer : 
" Captains & Warriors : 

"As you have consented to the Terms I offered you, I will now 
treat you with the same indulgence I have shown to the Delawares^ 
and put you in the way to renew the Friendship which formerly 
subsisted between us. 

A String. 

"I came here determined to strike you with a Tomahawk in my 
hand, but since you have submitted, it shall not fall upon your heads, 
I will let it drop and it shall no more be seen. I bury the bones of 
all the people who have fallen this War, and cover the place with 
leaves, so that the place shall no more be perceived. 

A Belt. 

"Having now buried the dead, and seen that you have removed 
every thing bad from your hearts, I will again treat you as Brothers 
& speak to you as such. 

A String. 

"Brothers, 

"As you arc now going to collect all our Flesh and Blood remain- 
ing among you, to deliver them up as soon as possible at Fort pitt, 
I desire you will use them with tenderness, and look upon them as 
Brothers and no longer as Captives, and as thoy have several rela- 
tions who are anxious to see them, I intend to send some of them 
with you from this Army, and I intend to send some to assist you 
in bringing them to Fort pitt. — I hope you will give them all the 
assistance in your power. 

A String. 

"Brothers, 

"I have now settled with you every thing as Warriors, what re- 
mains concerns the peace, and will be settled with your Chiefs."' 



PROVINCIAL COUNCIL. 233 

Colonel Bouquet' s speech to the Chief of the Shawanese: 

^'Brothers, 

"Every condion preliminary to a peace having been concluded 
upon between us, I permit you to appoint Deputys to go to Sir 
William Johnson to make peace ; — The same Deputy s are to have 
the like power to treat for your nations, and you are to promise to 
execute punctually what shall be stipulated to them at that Treaty j 
as soon as you have appointed them you will present them to me & 
I will give them Letters for Sir William Johnson, to inform him of 
what has passed between us at this place." 

A Belt. 

The Cochnewagas, addressing the Shawanese with a string of 
Wampum, told them they were glad to see them settle matters peace- 
ably with their Brethren the English, & bid them be strong in doing 
good, & that then peace would last forever. 

A String. 

King Beaver, addressing the Shawanese. 

Grand Children, 

"I gives me great pleasure to see you comply with every thing 
required of you by your Brothers the English, and as they have de- 
sired to see all their Flesh and Blood, be strong, deliver them all up 
as we have done, & then we may expect everlasting peace, and 
observe what our Uncle Cochuewaga Indians have said to you." 

A Belt. 

Keyashuta, addressing the Shawanese. 

" Brothers, ' 

" Be strong and perform every thing you promise, & I desire you 
will appoint some of your wise men with the Deputys going from 
the Delawares and us." 

Bennawisker, returned the Cochnewagas and Senecas thanks for 
the good advice they gave them, and said his nation would hold fast 
by the Friendship now settled, as it was what they long wished for. 

A String. 

Then told Colonel Bouquet that he would immediately go back 
to his Towns, to make his people acquainted of what had pass'd, as 
it would give them all a great deal of pleasure. 

The end of the Journal & Conferences with y* Western Indiana. 



234 MINUTES OF THE 



"By the Ronourahle JOHISf PENN, Esquire, Lieutenant Gov- 
ernor and Commander -in- CJiief of the Province of Pennsylvania, 
and Counties of Newcastle, Kent, and Sussex, on Delaware. 

"A PROCLAMATION. 

" Whereas, I have received information from Colonel Henry- 
Bouquet, Commanding his Majestj^'s Forces on an Expedition 
against the Delaware and Shawanese Indians, and others concerned 
with them in committing Hostilities against his Majesty's Subjects 
within this Province, that at several Conferences he very lately 
held with the said Enemy Indians, and Seneeas living on the Ohio, 
at Tuscarowas, Muskingham, & other places in the Indian Country, 
They had, in the most humble and submissive manner, sued for 
peace, and had ageeed to and complied with the Terms he had pre- 
scribed to them, by the actual delivering up above Two hundred 
Prisoners, & giving Hostages as a Security for restoring all that yet 
remain in their possession, and that they should commit no further 
Hostilities against any of his Majesty's Subjects; And upon these 
Conditions, that he had granted the said Delaware and Shawanese 
Indians, & Seneeas living on the Ohio, permission to send Deputies 
from their respective Tribes to Sir William Johnson, his 3Iajesty's 
sole Agent for Indian Affairs, to conclude with him a final and 
lasting Peace. I have therefore thought proper, by and with the 
advice of the Council, to issue this Proclamation, hereby strictly 
charging and commanding all Officers, Soldiers, and others, his Ma- 
jesty's Subjects within my Government, that they cease and forbear 
carrying on an Offensive War, or committing any Acts of Hostility 
against any of the said Delaware, Shawanese, or Seneca Indians, 
until my further pleasure shall be made known therein, as they will 
answer the contrary at their peril. 
"Given under my hand and the Great Seal of the said Province, at 

Philadelphia, the fifth day of December, in the fifth Year of His 

Majesty's Reign, and in the Year of our Lord, one thousand 

seven hundred and Sixty-four. 

"JOHN PENN. 

" By His Honour's Command. 

" Joseph Shippen, J'- Secretary. 

"GOD SAVE THE KING." 



PROVINCIAL COUNCIL. 235 



At a Council held at Philad"^ on Friday the 7th Deeember, 
1764. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gov- 
ernor, &ca. 

Lynford Lardner, ") 

Thomas Cadwalader, >■ Esq" 

Richard Penn, ) 

The Governor laid before the Board a record of the Conviction 
of Jane Ewing, of Chester County, for murder, at a Court of Oyer 
and Terminer and General Gaol Delivery, held at Chester the 30th 
day of November last, before William Allen, Esq""' Chief Justice, 
and Alexander Stedman, Esq''' one of the Justices of the Supream 
Court, by which record it appeared that the said Jane J]wing was 
legally tried and convicted of Felony and murder, committed on 
her own Bastard male Child, the 3d day of April, 1763, and had 
received sentence of death for the same ; The Board taking the 
matter into Consideration, advised the Governor to defer the coming 
to a resolution on it till a future time, in order to discover from the 
Friends or neighbors of the said Jane Ewing, whether there may 
not be some favourable Circumstances in her case to alleviate her 
Guilt. 

The Commission of the Peace for Bucks County was again con- 
sidered, and the following Gentlemen were agreed on to be Justices 
of the General Quarter Sessions of the Peace & of the County 
Court of Common Pleas for the County of Bucks, and a Commission 
was issued accordingly, viz'' : 

The Members of the Proprietary & Governor's Council, & 

Gilbert Hicks, John Wilkinson, 

Joseph Hart, Wm. Yardley, 

Richard Walker, Henry Winecoop, 

John Jameson, Robt. Patterson, 

Jno. Abr. Denormandie, Wm. Irvin, 

Jacob Bogart, Beuj. Mathews, 

Thomas Barnsley, John Greer, 

Joseph Kirkbride, John Harris. 

A special Commission was also issued appointing John Adlum 
and William Smith, Esq"' Justices of the Peace and of the County 
Court of Common Pleas for the County of York. 



286 MINUTES OF THE 



At a Council held at Philad*' on Wednesday, y" 9tli Jan'y 
1765. 

PRESENT. 

The HoQ'ble. JOHN PENN, Esquire, Lieuten'- Governor, 
&ca. 



Benjamin Chew, *] 
Lynford Lardner, vEsq"" 
Richard Penn, J 

The case of Jane Ewing, convicted of Felony and Murder com- 
mitted on her own Bastard Male Child, being again considered, & 
there appearing to the Board not a single Circumstance in her fa- 
vour, but on the contrary, it being reported to the Governor by the 
Justices of the Supream Court that she discovered on her Tryal no 
kind of remorse, & that her case was attended with aggravated 
Circumstances, the Council advised the Governor to issue a War- 
rant for her Execution on Saturday the 19 th day of January 
instant. 



In the Council Chamber, Philad"' Thursday 10th Jan^- 1765. 

present: 

The Hon'ble. JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

Lynford Lardner, 



Richard Penn, 



Esq"- 



A Committee of Assembly yesterday waited on the Governor, 
and acquainted him that the House were met pursuant to Adjourn- 
ment, and requested to know at what hour to day they might present 
their new Speaker, whom they had made choice of at their last 
meeting, during his Honour's absence, in the room of Isaac Norris, 
Esq'"' who, by his indisposition, was rendered incapable of attending 
on the publick Business, And the Governor having appointed this 
day at 12 o'clock for that purpose, sent a Verbal Message by the 
Secretary, to the Assembly, t^at he was ready in the Council Cham- 
ber to receive the House with their Speaker, <fc required their atten- 
dance. 

The whole House accordingly attended, and presented Joseph 
Fox, (Esq'-' as their Speaker, whom the Governor was pleased to 
approve of. Mr. Speaker then said as his predecessor had already 
claimed, in behalf of the present Assembly, their usual privileges, 
it was unnecessary for him to renew that Claim, except in respect to 
himself as Speaker, Viz'' : '< That his unwilling mistakes might be 
excused, and not imputed to the House," which the Governor was 
pleased to allow. 



PROVINCIAL COUNCIL. 237 

Jan^- 17th, 1765. 
MEMORANDUM. 

The Governor this day wrote a Circular Letter to the several pro- 
vincial Commissioners of appeal in the words following, viz'-: 

" Philad^' 17th January, 1765. 
"Sir: 

" The Proprietors having signified to me that they do not wish 
or desire that their located uncultivated Lands in this Province may 
be taxed in any other manner than at the lowest rate at which any 
located uncultivated Lands belonging to the Inhabitants, under the 
same Circumstances of Situation, Kind & Quality, shall be assessed, 
any thing to the Contrary in a Judgment or decree of his late Ma- 
jesty in Council notwithstanding, I take this opportunity of com- 
municating to you their Sentiments on this head, to prevent any 
disputes and remove any Objections which may possibly arise in the 
assessing that part of the Proprietary Estate under the late Act of 
Assembly granting the Sum of £55,000 to the King's use, and to 
that end, I desire that you will also notify this to the Assessors and 

County Commissioners in the county of . 

" I am, Sir, 

" Your most obed'- humble Servant, 
''JOHN PENN. 

" To , Esq''-' one of the Provincial Corn- 
miss"' of appeal for the County of ." 



The names of the Commiss"' are : 
Philip Syng for the City of Philad^- 
Thomas Lievzey, County of D°" 
John Moor, Northampton. 
John Fairlamb, Chester. 
Moses Irwin, Lancaster. 
Mahlon Kirkbride, Bucks Co''- 
Mich'- Swoop, York. 
Ja' Galbreath, CumberP' 
Jonas Seely, Berks. 

The Governor likewise issued a special Commission appointing 
Enoch Davis, Esq'-- Justice of the Peace & of the County Court 
of Common Pleas for the County of Philad*- 



238 MINUTES OF THE 



At a Council held at Philad'- on Monday, the 21st January, 
1765. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

Lynford Lardner, Thomas Cadwalader, > t^ „._ 

Benjamin Chew, Richard Penn, 3 

The four following Bills sent up last Week to the Governor by 
the Assembly for his Concurrence, were laid before the Board, 
Viz': 

1st. "A Supplement to an Act entituled 'An Act for the relief of 
insolvent debtors within the Province of Pensylvania.' " 

2d. " An Act the better to enable the persons therein mentioned 
to hold Lands, and to invest them with the Privileges of natural 
born Subjects of this Province." 

3d. "An Act for the relief of Robert Lettis Hooper, Jun'' a pri- 
soner in the Gaol of Philadelphia, with respect to the Imprisonment 
of his Person." 

4th. " An Act for the relief of James Pearson, a Prisoner in 
the Gaol of Philadelphia, with respect to the Imprisonment of his 
person." 

Which being severally read & considered, the Governor directed 
the Secretary to return them to the House, ■with a few amendments 
to the three first, and to acquaint them that he agreed to the last 
mentioned Bill. 

The Governor laid before the Board a Letter from his Excellency 
' Gen'' Gage, Commander-in-Chief of all his Majesty's Forces in North 
America, which follows in these words, viz'-: 

A Letter from General Gage to the Governor. 

''New York, Decern'- 7th, 1764. 
"Sir: 

" It gives me great pleasure to be able to acquaint you that, by 
an Express arrived from the heads of Muskingham, I am informed 
that the Shawanese and Delawares, and other Tribes on the Ohio, 
have been reduced to the most humiliating Peace by his Majesty's 
Arms, under the Command of Colonel Bouquet, and that a general 
Peace is now made with all the Nations who had risen in Arms 
against us. 

" The perfidy of the Shawanese & Delawares, the Contempt they 
shewed us, and the breaking through all the ties and engagements 
which even Savage Nations hold sacred amongst each other, made it 
absolutely necessary to reduce them by Force, and to march into 
their Country. The Troops under Col"- Bouquet have penetrated into 
the heart of their Settlement, and obliged them to deliver up all 



PROVINCIAL COUNCIL. 239 

their Prisoners, even their own Children born of "White Women, 
and to send deputies to Sir William Johnson, to settle a peace upon 
such further terms as should be imposed upon them; for the per- 
formance of the last, and as a Security that no further Hostilities 
should be committed, a number of their principal Chiefs have been 
delivered up as Hostagps ; about Two hundred prisoners had beea 
delivered into our hands, and more were expected from the Sha- 
wanese. Several of our parties had been sent into the Villages of 
that Nation, to assist them in collecting the Captives and bringing 
them to Fort Pitt. 

*' I take the first opportunity to congratulate you on the happy 
Conclusion of all Hostilities with the Indian Nations who had ap- 
peared in Arms against his Majesty, and to enable you to give such 
notice as you see convenient, to the Merchants, that the Trade may 
be again carried on with the several Nations. 

" In consequence of this Peace, I beg leave to observe to you 
that I am informed the Government of this Province intend pub- 
lishing a Proclamation, not only to prohibit all Hostilities against 
the Indians, but likewise, to open a Trade with them, on condition 
that the Traders take Lycences of the Governor, and give Bond and 
Security that they do not expose to Sale, or Sell to the Indians, but 
at the posts that are already, or shall be hereafter established ; I 
should be glad to know whether you pursue the same method, or 
make any further regulations respecting the trade with the Indians, 
that I may have it in my power to give notice thereof to the Offi- 
cers Commanding at the several Posts, to enable them to see that 
the Traders do strictly comply with the Terms of Trade prescribed 
to them by the Government to which they belong. 
" I am, with great regard. Sir, 

" Your most Obedient, humble Servant, 

" THO"- GAGE. 

" Hon. John Penn, Esqr." 

The Council having taken the said Letter into consideration, 
were of Opinion, that as the Governor had not been informed of the 
Success of those Deputies of the Western Indians who were sent by 
Col. Bouquet to Sir William Johnson to negociate and ratify with 
him the Terms of Peace which had been proposed or stipulated in 
the late Expedition to the Westward, under the Commaid of the 
said Col. Bouquet, and, as it is yet uncertain what may be the Con- 
sequences of the Desertion and Escape of the Shawanese Hostages, 
the Governor should defer issuing a Proclamation to open a Trade 
with the Indians, according to his Majesty's Royal Proclamation of 
the 7th October, 1763, or taking any measures to enforce the same, 
'till he has full information from Sir William Johnson that a Gen- 
eral Peace is actually concluded with the said Western Indians. 

The Governor, accordingly, wrote an answer to Gen'- Gage to that 
effect. 



240 MINUTES OF THE 



At a Council held at Philadelphia, on Wednesday 30th Jan'' 
1765. 

PRESENT : 

The Honourable JOHN PENN, Esq"' Lieutenant Governor, 
&c*- 

Lynford Lardner, Benjamin Chew, Richard Penn, Esq"" 
The Governor laid before the Board a Letter from the Commis- 
sioners & Assessors of Philad^- County, in answer to one his Honour 
wrote the 17th Instant, to the Provincial Commissioners of appeal, 
concerning the Taxation of the Proprietors' located uncultivated 
Lands, which Letter was ordered to be entered in the Minutes of 
Council, and is as follows, viz'-: 

" Philadelphia, 26th January, 1765. 
" May it please the Governor : 

" Thomas Lievzy and Philip Syng, Esq"' two of the Provincial 
Commissioners of Appeal, has laid before us a Copy of the Gov- 
ernor's Letter, dated the 17th Inst., in which the Governor is 
pleased to inform us, ' that the Proprietaries do not wish or desire 
that their located or uncultivated Lands belonging to the Inhab- 
itants, under the same Circumstances of Situation, kind, and quality, 
shall be assessed.' This information, we conclude, is given by the 
Governor as a guide and direction to us in Assessing that part of 
the Proprietary Estate under the late Act of Assembly for grant- 
ing £50,000 to His Majesty's use. We have, therefore, taken the 
said Act, with the Substance of the Governor's Letter, into our 
serious Consideration, and are of Opinion, from the express tenor 
of the Law, and our respective Qualifications taken in Conformity 
therewith, that we cannot, in any shape, alter the mode of Taxa- 
tion pointed out and enjoined by that Act, Viz'-: ' That the best 
of the Located and unimproved Tracts of Land, belonging to the 
Inhabitants, shall be rated at Fifteen pounds '^ hundred acres ;' 
and that by a subsequent provisionary Clause, ' That the located 
uncultivated Lands belonging to the Proprietaries, shall not be 
assessed higher than the lowest rate at which any located unculti- 
vated Lands belonging to the Inhabitants, shall be assessed.' 

" From this state of the Facts, you will readily perceive that 
it is not in our power, under our present Circumstances, to pur- 
sue the mode of taxing the Proprietary located uncultivated Lands 
pointed out by the Governor, and that nothing can enable us to 



. PROVINCIAL COUNCIL. 241 

comply with the Governor's request, in that particular, but a Law 
to be made for that purpose. 
" We are, Sir, 

" Your most Obedient, humble Servants, 

"BARNABY BARxNES, 

AND^^- BANKSON, 
'JOSEPH STAMPER, 
' M ATHIAS HOLSTEN, 
'JACOB UMSTAT, 
'JOSEPH KING, 
'ENOCH STORY." 

The said Letter being read and considered, the Council advised 
the Governor to lay the same before the Assembly, accompanied 
with a written Message recommending to them to frame a Supple- 
ment to the Act for granting £55,000 to the King's use, in order to 
enable the Commissioners and Assessors to tax the Proprietors' 
Lands in the manner they have desired. A Message being accord- 
ingly prepared and approved, was sent to the House with the above 
mentioned Letter, and follows in these words, viz'- : 

A Message from (he Governor to the Assemhly. 

" Gentlemen : 

"The Proprietors having signified to me that they do 
not wish or desire that their located uncultivated Lands in 
this Province, should be taxed in any other manner than 
at the lowest rate at which any such Lands belonging to 
the Inhabitants under the same Circumstances of Situation, 
Kind, and quality, should be assessed, I took care to make known 
the proprietor's sentiments on this Subject, to the Provincial Com- 
missioners of Appeals in the several Counties, desiring them to 
publish the same to their respective Commissioners & Assessors. 
This matter having been laid before the Commissioners and Asses- 
sors for the County of Philadelphia, they, by their Letter of the 
2t)th Inst'- (which I have ordered to be laid before you), have in- 
formed me, that on considering the late Act for granting £55,000 
to the King's use, they cannot, from the express Tenor thereof, 
and the qualifications they have taken, tax the located uncultivated 
Lands of the proprietors in the above mode, and that a new Law is 
necessary to enable them so to do. As, therefore, they cannot put 
the construction on the Words of the royal Order, inserted in the 
said Act, which the late Assembly contended for, and the Proprie- 
tors are willing to submit to, I recommend it to your Consideration, 
whether it is not expedient to frame a Supplement to the said Act, 
to amend it in this particular. 

" JOHN PENN. 
" January the 30th, 1765." 
VOL. IX. — 16. 



242 MINUTES OF THE 

January 31st, 17G5. 

Two Members of Assembly waited on the Governor, with a verbal 
Message that the House agreed to the Amendments his Honour 
made to the three Bills which had been returned to the House, and 
desired he would be pleased to appoint a time for passing them & 
the other he had agreed to, as soon as possible; to which he made 
answer, that he should be ready for that purpose on Saturday 
next. 



In the Council Chamber, Saturday 2d February, 1765. 

PRESENT : 

The Honourable JOHN PENN, Esq^- Lieutenant Governor, 
&ca. 

Lynford Lardner, & Richard Penn, Esq"- 

The Governor returned to the House, by the Secretary, the Bill 
which they had sent up for his Honour's Concurrence, entituled 
"An Act for the relief of Walter Pavis, a languishing Prisoner, in 
the Gaol of Philadelphia, with respect to the Imprisonment of his 
person," with his assent thereto. A-t the same time the Secretary, 
by the Governor's directions, delivered a verbal Message to the 
House, that his Honour waited in the Council Chamber & required 
their attendance there, in order to pass that Bill, and the other 
four which had been agreed to. 

The House having accordingly attended, the Speaker presented 
to the Governor the five Bills before mentioned, which his Honour 
enacted into Laws, and signed a Warrant for affixing the Great 
Seal thereto, which being done, they were deposited in the Rolls 
Office. 

The Titles of the said Laws are as follows, viz'-: 

^'A Supplement to an Act entituled 'An Act for the relief of in- 
solvent Debtors within the Province of Pennsylvania.' " 

"An Act the better to enable the Persons therein mentioned to 
hold Lands, & to invest them with the privileges of natural born 
Subjects of this Province." 

"An Act for the relief of Robert Lettis Hooper, Jun'-' a Prisoner 
in the Gaol of Philadelphia, with respect to the imprisonment of 
his Person." 

"An Act for the relief of James Pearson, a Prisoner in the Gaol 
of Philadelphia, with respect to the Imprisonment of his Person ;" & 

" An Act for the relief of Walter Davies, a languishing Prisoner 
in the Gaol of Philadelphia, v.itjii respect to the Imprisonment of 
his Person." 



PKOVINCIAL COUNCIL. 243 

At a Council held at Philad'- on Monday 4th Feb^" 17G5. 

PRESENT : 

The Honble. JONH PENN, Esq'' Lieutenant Governor, &ca. 
Lynford Lardner, Beujamin Chew, ^ ^ „, 



Richard Pcnn, 

The GoTernor laid before the Board two Bills sent up by th3 
House last Week for his Honour's Concurrence, entituled as fol- 
lows, viz'- : 

" An Act for raising by way of Letter}-, the sum of Three thou- 
sand and three pounds fifteeu shillings, to be applied to the pay- 
ment of the Arrears of debt due for the finishing of St. Peter's 
and St. Paul's episcopal Churches, in the City of Philadelphia, 
and towards finishing the episcopal Church at Carlisle, and the 
Building of an episcopal Church in each of the Towns of York and 
Pleading; & repairing the episcopal Church at Molatten, in Berks 
County, and the episcopal Church in Huntingdon Township, in 
York County, and for repairing the episcopal Churches at Chiches- 
ter & Concord, & purchasing a Globe for the Church at Chester, in 
the County of Chester." 

" An Act for the relief of the poor." 

The said Bills being read and considered, and several Amend- 
ments made to each of them, were ordered to be returned to the 
House with the same. 



6th February, 1765. 
ME5I0RANDUM. 

The Assembly again sent up to the Governor, by two Members, 
the Bill for the relief of the Poor, with an answer to the Governor's 
Amendments, that the House adhered to the Bill with respect to 
fourteen principal ones, & agreed to the rest of them. 



February 7th, 1765. — The Governor returned to the House the 
Bill which had been sent up for his Honour's Concurrence, enti- 
tuled " A Supplement to an Act entituled ' A supplement to the Act 
entitled An Act for regulating, pitching, paving, and cleansing 
the Highways, Streets, Lanes, & Alleys, & for regulating, making 
and amending the Water Courses and Common Sewers within the 
inhabited and settled parts of the City of Philadelphia,' " with a 
verbal Message that the Governor ass^^uted thereto; and again re- 
turned the Poor Bill at the same time, with a reply to tlie answer 
of the House to the Governor's Amendments, that kis Honour ad- 
hered to his Amendments objected to by the House. 



244 MINUTES OF THE 

February 8th, 1765. — The Governor received a Message from the 
Assembly, by two Members, acquainting him that the House pro- 
posed to adjourn in a few days to the 13 May next, if it was agree- 
able to his Honour, to which the Governor made Answer that he 
had no objection thereto. 



At a Council held at Philad=^- on Saturday 9th Febr^- 1765. 

PRESENT : 

The Honourable JOHN PENN, Esq'- Lieutenant Governor, &ca. 

Benjamin Chew, Richard Penn, Esqrs. 

A Bill entituled " A Supplement to an Act entituled ' An Act 
for granting to his Majesty the Sum of £55,000, and for Striking 
the same in Bills of Credit in the manner herein after directed, and 
for providing a Fund for sinking the said Bills of Credit by a Tax 
on all Estates, real and personal, & taxables, within this province." 
Which was sent to the Governor by the Assembly on the 7th In- 
stant for His Honour's Concurrence, was read, and one amendment 
being made thereto respecting the Taxation of the Proprietarie's 
Lots in Burroughs and Towns, the Bill was ordered to be returned 
to the House with the same. 

The Governor laid before the Board a petition from several of 
the Justices and principal Inhabitants of Lancaster County, recom- 
mending as an Object of Mercy, a certain Mich'- Keener, who was 
convicted of Felony and Burglary at a Court of Oyer and Terminer 
held for the said County in May last, and received Sentence of 
Death, as appears by the record of his Conviction. The petition 
and record being read, and the circumstances of his case considered, 
The Council advised the Governor to grant a pardon for the said 
Michael Keener, which was issued accordingly. 

It being considered by the Board that the money granted to 
his Majesty last Year was nearly expended, & that a further sum 
would soon be wanted for the support of the Garrison at Fort Au- 
gusta, till it was judged expedient to disband it, The Council 
advis'd the Governor to recommend it to the Assembly in a Message 
to provide a Fund for that purpose. A Message was accordingly 
.fient to the House, and follows in these words, viz'- 

A Message from the Governor to the Assernbly. 

" Gentlemen : 

" From the great Importance of Fort Augusta to the protection 
of this Province when engaged in a War with the Indians, I thought 
it absolutely necessary to keep a Garrison in it the last Year, and 
am of Opinion, that till the final Conclusion of a peace with the 
Savages, it will be highly imprudent to abandon that Post. The 
Garrison has been paid up to the first day of January last, out of 



PROVINCIAL COUNCIL. 245 

the Supplies granted to bis Majesty last Year, but as that Fund is 
nearly exbausted, I recommend it to you to consider & provide 
ways and means for the future subsistance and support of the Troops 
stationed there, till it may be thought advisable either to reduce or 
disband them. 

"JOHN PENN. 
" February 9th, 1765." 



Monday, 11 February. 
MEMORANDUM: 

The Governor returned to the House by the Secretary the Bill 
sent up for his Honour's Concurrence entituled '' An Act to enable 
the Owners & possessors of a certain piece of Marsh or Meadow 
■Ground herein after described, situate in Kingcessing in the County 
■of Philadelphia, & to embank and drain the same, &c., with a message 
that he agreed to it. 

At the same time the Secretary carried down to the House the 
Supplementary Bill to the £5-5,000 act, with the amendments made 
to it on Saturdiiy last. 

The Governor likewise issued this day a special Commission ap- 
pointing Robert Levers and Christopher Waggoner, Esq"- Justices 
of the Pt;ace and of the County Court of Common Pleas for the 
County of Northampton. 



Tuesday, 12th February. 

Two Members again presented to the Governor the Supplementary 
Bill to the £55,000 Act, with a Verbal Message that the House 
adhered to the same. 

And the Governor immediately returned the said Bill to the 
House and directed the Secretary to accpaint them tliat he adhered 
to his proposed Amendment. 



Thursday, 14 February. 

The Assembly sent to the Governor by two Members for his 
■Honour's Concurrence, two Bills entituled as follows, viz'-' : 

" An Act for amending each and every of the Acts of Assembly 
■of this Province, heretofore made for embanking and draining seve- 
ral parcels of Marshy L-and, situate in the Counties of Philadelphia 
& Chester, and for the repairing & maintaining the banks. Dams, 
& Sluices thereunto belonging," and " An Act for prohibiting the 
Importation of German or other passengers in too great numbers iu 
any one vessel." 



246 MINUTES OF THE 

I The former being read and considered, was immediately returned 
to the House with the Governor's assent, & the latter being a Bill 
of Importance, was Referred to a further Consideration. 

The Governor received from the Assembly by two Members a 
Message in writing, which follows in these words, viz'" : 

A Message to the Governor from the AssGnibly. 

" May it please your Honour : 

" After due consideration of your Message dated the 9th Instant^ 
we are of opinion that, as the Cannon & other Military Stores at 
Fort Augusta cannot be at present removed from thence, it may be 
prudent to defer any Resolution concerning the Evacuation of that 
post until further certainty of Peace being firmly established with 
the Indians; yet, in the mean time, as the Fund from whence that 
Garrison has been paid up to the first of last month, is nearly ex- 
hausted, we should approve an immediate reduction of the Troops 
stationed there ; altho' in respect to disbanding the whole Garrison, 
we can only recommend to your Honour and the Provincial Com- 
missioners, when more satisfied of the Indian's Fidelity, and Con- 
veniency offers for Water Carriage from Shamokin, to lose no time 
in removing the Cannon and Stores above mentioned, & disbanding 
the remainder of the Garrison, in order to ease the Public of that 
Burthen, whenever it can be done with safety & Prudence. 
"Signed by Order of the House, 

"JOS. FFOX, SpeaJcer. 

" February, 1765." 



Friday, February 15th, 1765. 

Two Members waited on the Governor with a Verbal Message 
from the House, desiring to know when they might expect his re- 
sult upon the German Bill now before him ; to which the Governor 
said, that as it was a Bill of some Consequence, and required time 
to consider it well, he could not very soon come to a Determination 
on it. The Members then further addressed the Governor, and ac- 
quainted him that the House inclined to make their intended ad- 
journment to-day, and desired his Honour would be pleased to ap- 
point a time for passing the Bills to which he had given his assent. 
The Governor answered them that he should be ready for that pur- 
pose in the Council Chamber, at half an hour after twelve o'clock, 
and appointed Richard Penn, Esq'' and the Secretary to join with 
two members of the House, to compare the Original Bills with the 
engrossed Copies. 



PROVINCIAL COUNCIL. 247 

Eodem Die, 12 J o'clock, P. M. 

The Governor being in the Council Chamber according to appoint- 
ment, Sent a verbal 5lessage to the House by the Secretary, to ac- 
quaint them with the same, & to require their attendance there, 
that he might pass the Bills which had been agreed on. 

The House having accordingly attended, Mr. Speaker presented 
to the Governor four Bills, intituled as follows, viz'-: 

" An Act for raising by way of Lottery the sum of £3003, 15, 
0, to be applied to the payment of the arrears of debt due for the 
finishing of St. Peter's and St. Paul's episcopal Churches in the 
C-ity of Philadelphia and towards finishing others, the episcopal 
Churches in this province, &c." 

" A supplement to an Act entituled ' a Supplement to an Act 
entituled ' An Act for regulating, pitching, paving and cleansing 
the Highways, Streets, Lanes and Alleys, and for regulating, mak- 
ing & amending the Water Courses & Common Sewers within the 
Inhabited and settled parts of the City of Philadelphia. ' ' " 

" An Act to enable the Owners & Possessors of a certain piece 
of Marsh or Meadow Ground, herein after described, situated in 
Kingcessing, in the County of Philadelphia, to embank and drain 
the same." 

" An Act for amending each & every of the Acts of Assembly of 
this Province, heretofore made for embanking and draining several 
parcels of Marshy Laud, situate in the Counties of Phiiad^- & Ches- 
ter, and for the repairing and maintaining the banks, dams and 
sluices thereunto belonging;" which his Honour enacted into Laws, 
and appointed Mr. Lardner & the Secretary to accompany two mem- 
bers of the House to get the Great Seal affixed to them, & see the 
same deposited in the Rolls Office. 

The House then adjourned to the 13th of May next. 



Thursday Jlorning 16 May, 1765, 

Two Members of Assembly waited on the Governor and acquain- 
ted him that a quorum of the Representatives were met and ready 
to receive any Business his Honour had to lay before them. The 
Governor answer'd that he had no Business at present to recommend 
to their notice, but should soon let them know his result upon the 
German Bill under his Cocsideration. 



248 MINUTES OF THE 

At a Council held at Philad" on Friday 17th May, 1765. 

PRESENT : 

The Honourable JOHN PENN, Esq' Lieutenant Governor, &ca. 
Benjamin Chew Esqr. 

A Bill entitled " a supplement to the Act entituled ^An Act for pro- 
hibiting the Importation of Germans or other passengers in too great 
numbers in any one vessel,' " which was sent up to the Governor by 
the Assembly in February last, was read & considered, and several 
amendments being made thereto, it was ordered to be returned to 
the house in the afternoon with a verbal message, " that as it was 
presented at the end of the last Sessions of the House, and is a Bill 
of some Importance, the Governor thought proper to keep it till 
this time under Consideration, & now returns it to the House with 
some amendments." 

The Bill entituled ''An Act for opening and better amending & 
keeping in repair the publick roads and Highways within this prov- 
ince," sent up by the House this forenoon for the Governor's Con- 
currence, was also read and considered, and directed to be returned 
to the House, with a verbal raessage that his Honour agreed to it. 



Eodem die P. M. 

The Governor received a verbal message from the Assembly by 
two Members, that the House acceded to the amendments made to 
the German Bill, & having no material Business before them were 
inclined to adjourn this Week, and desired he would be pleased to 
appoint a time for passing the two Bills; — On which the Governor 
acquainted them, he had no objection to their making an adjourn- 
ment, and would be ready to pass the Bills to-morrow at 12 o'clock^ 
in the Counsil Chamber. 



Council Chamber, Saturday 12 o'clock, May 18, 1765. 

The Geitman Bill being compared with the engrossed Copy,, the 
Governor sent a Message to the House by the Secretary, requiring 
their attendance. The House accordingly attended & the Speaker 
presented the two Bills entituled "A Supplement to the Act enti- 
tuled ' An Act for prohibiting the Importation of Germans or other 
passengers in too great numbers in any one Vessel." And " An act 
for opening & better amending & keeping in repair the Public 
Roads & Highways within this province;" which the' Gov'' enacted 
into Laws, k signed a Warrant for affixing the Great Seal thereto^ 
& they were ordered to be deposited in y''- Rolls Office." 



PROVINCIAL COUNCIL. 249 

The Speaker then acquainted the Governor that the House pro- 
posed to adjourn till the 9th of September next, if it was agreeable 
to his Honour j to which the Governor answered that he had no 
objection. 



Escf- 



At a Council held at Philadelphia on Tuesday the 4th June, 
1765. 

PRESENT : 

The Honorable JOHN PENN, Esq'- Lieutenant Governor, &c. 
Lynford Lardncr, Benjamin Chew, 

Richard Penn, 

The Governor laid before the Board a Letter he last Week re- 
ceived from George Croghan, Esq''' deputy Agent for Indian affairs, 
inclosing his Journal and minutes of several Friendly Conferrences he 
had held at Fort Pitt, with sundry tribes of the Western and North- 
ern Indians, wherein they had renew'd and Confirmed their En- 
gagements made with Brigadier Gen'- Bouquet last Fall at Musk- 
ingham. The said Letter & Journal, &c., were read, & ordered to 
be entered in the minutes of Council, & follow in these Words, 
viz'- 

A Letter to the Governor from George Crogham, Esqr. 

Fort Pitt, May 12th, 1765. 
"Sir: 

" The several Nations of Indians here has been nauch longer 
coming to this Post than I expected, owing to the Jealousy of each 
other, each wanting to lead the other, & disputes Subsisting amongst 
themselves ; however, I have at length got them together, & tho' 
some of the Delaware's tribes seemed discontented, seeing the 
Shawanese bring in their prisoners and agree to everything that his 
Excellency General Gage required of them, with the Senecas, then 
the Delawares came into the same measures. They have all ap- 
pointed Deputys of their Chiefs to go to S'- Will"- Johnson, and 
replace hostages there, amongst which is a Chief of each Nation. 
They have given me my Choice of their Nations to go with me to 
the Illinois, and from the disposition of the Nations where I am 
going (by what I can learn), my Journey would have been but of 
little Service if I had not settled matters with those Nations first, 
and got a Deputation from them to go with me. Inclosed I send 
your Honour a Copy of my Journal since I came here, to which I 
refer you, for my transactions with the Indians. I am 
" Your Honours most Obed*- 

" humble servant, 

" GEO. CR0GH.4N. 
"The Hon^'^- John Penn, Esq'-" 



>50 MINUTES OF THE 



George Croglian, Esq'rs. Jonrnal of Tranmctions ioith the Iti' 
dians at Fort Pitt. 

"February 28th, 1765. Lieutenant Frazier and I arrived at 
Fort Pitt, where Major Murray informed us that Mr. ]\IcKee 
had, a fortnight before, sent a Message to the Chiefs of the Dela- 
wares, Shawanese, Senecas, and Sandusky Indians, desiring them 
immediately to come to this Post to meet me, but as yet received no 
answer, and further acquaints me there has been but few Indians 
here during the Winter. 

I then went and spoke to the Hostages, who informed me that 
they had heard from Custaloga, and his Tribe, who was Hunting 
near Tuskerawas, and that they believed they would soon come into 
this Post, but heard nothing from the other two Tribes. 

March 1st. Six Seneca Indians came here from one of the 
Shawanese Towns, and informs me as follows : 

"That the Deputation from the Shawanese and Delawares, which 
was sent last Summer to the Illinois, to Council with the French 
and Indians in that Country, was returned ; That they had been 
well received by the French, who, on their arrival cloathed them, 
and told them they would supply them with every necessary they 
wanted to carry on the War against the English, and would send 
traders with them to their towns when they set off; That they had 
held a Council with nine Indian Nations settled on the Ouabache 
and Illinois Country, who had all engaged to support them with 
their whole force, should they continue the War against the Eng- 
lish; That on those Deputys return to the Plains of Sioto, and 
being informed of the Terms of accommodation agreed on by their 
Nations (during their absence), with Col. Bouquet, they then in 
Council with the Sandusky and Seneca Indians, agreed to abide by 
their People's engagements, and perform the whole on their part, 
provided the English would open a free trade & intercourse with 
them, and supply them with Ammunition, Goods, and rum, as 
usual, and not prohibit the sale of Powder and Liquors, as they had 
done before the late differences happened. Those Indians further 
say that the Shawanese had sent a Message to the French Traders 
who was then following them to their Towns, to return home; (I 
much doubt the Truth of this), and that they had sent a Message 
likewise, to the nine Nations in that Country, acquainting them that 
they were about accommodating matters with the English, desiring 
them to sit still 'till they heard further from them in the Spring." 

March 2d. I dispatched a Messenger to the Shawanese and 
Senecas, and another to the Delawares and Sandusky Indians, to 
acquaint them of my Arrival here in Company with Lieu'- Frazier, 
with Messages from the King's Commander-in-Chief, & Sir Wil- 
liam Johnson, to their Nations, and desired their several Chiefs 
would immediately come here to meet me ; I likewise sent a Mes- 



PROVINCIAL COUNCIL. 251 

sage to Pondiae, who, I hear, is among the Twightwces, to meet 
me at the Mouth of the Sioto, on ray way down the River. 

4th. Two Senecas came here from Venango, (where a Hundred 
of their people was Hunting), to know if a Trade was opened here 
for the Indians, as they had heard from the Seneca Country there 
was, all differences being settled by their Nation and the English 
last Fall, by Sir William Johnson. 

Delivered a String of AVampura. 

5th. JNIajor Murray and I acquainted them there was no trade 
open'd yet, nor could there be any till the Shawauese &, Delawares 
had come to perform their Engagements with Col"" Bouquet; thafc 
we had sent for them, & expect they will be here before the last of 
this Month ; gave them a Belt of Wampum, desiring them to rest 
Satisfied till that time, & likewise desired some of their Chiefs to 
come down, & hear what would pass between us & those Nations. 

17th. Andrew, a Huron Indian, & a Frenchman, one Alexander 
Masonville, came here with dispatches from Col"' Campbell, at Detroit, 
to the General. 

20th. Lieuten'- Frazier informed Major Murray & me, that the 
Gen'' Instructions to him was to be at the Illinois at all Events, 
the beginning of April; that as the Indians was not met here, he 
proposed to set off down the River in two or three days, as the 
Service he was sent on was of a diiFerent nature from mine, and de- 
sired I would employ Mr. Maisonville and Andrew to go with him, 
that the Service he was going on might not suffer. 

21st. With the approbation of Major Murray, I employed An- 
drew & IMr. Maisonville (Interpreters), with a Shawanese, Seneca 
Indians, to accompany him, and furnished him with Wampum, Sil- 
ver Truck, & other necessaries for his Journey, that the Service 
"^ might not suffer by any delay the Indians might give me here, or 
his want of any assistance in my power to give him. 

22d. Two Delaware runners came here from Custalogo, to let us 
know that he had forwarded the Messages sent him, & expected 
that all the Nations would be on their way here by this time, Sl 
that he would come in a few days. 

23d. Several Delawares came here to trade with what peltry they 
had, for Goods, but not being suffered, they seem'd very sulky. 

25. Several Senecas from Venango came here, expecting the 
Shawanese, Delawares, & Sandusky Indians was come, but finding 
they were not, determined to wait their Arrival. 

28. Three Shawanese and one Seneca came here from the lower 
Shawanese at the plains of Sioto, with a Message to let me know 
that my Message had come to their Town two days before they left 
it, and that their Chiefs had sent them off to acquaint me they 
were collecting all our Flesh & Blood together, (meaning the P]ng- 
lish Prisoners), i:.nd were to set off in two days after they left it, and 
would make all the haste in their power up with them, but, as the 
Weather was so severe and the Waters high, they could not make 
that dispatch they could wish. 



252 MINUTES OF THE 

April 1st. Four Delawares came here from one of their Towns, 
where two of their Tribes was collected together in Council, and 
said they were sent by their Chiefs to inform us, That altho' Cus- 
talogo had sent word their Chiefs would come here, yet their two 
Tribes could not, one of their Men having been called up to Hea- 
ven by the Great Spirit of Life, who told him that he must ac- 
quaint his Nation that before they made Peace with the English, 
they must consult with the Quakers of Philadelphia, who would 
direct them how to make a lasting peace, & desired I would send 
for some of them to come here, then their Nation would come in 
& make a Peace; And as the great Spirit had told this man several 
things of great Consequence to them, desired that Mr. M'Kee 
might go there & commit it all to writing 

2d. Major Murray and 1 made those four Delawares the follow- 
ing answer on a Belt of Wampum. 
<' Brethren : 

" We are surprized at the Message you delivered us Yesterday 
from the Chiefs of the Delawares; the man you mention who says 
he spoke to the Great Spirit, you may be assured is deceiving your 
people, as we are persuaded he never spoke to him. Your Nation 
agreed to terms of accommodation last Fall with Col. Bouquet; in 
part they have complied with those Terms. They begged of him for 
peace in the most submissive manner, and your Brethren, the Eng- 
lish, thought your Nation would be the first to come here when sent 
for. We have received Messages from the Senecas, Shawanese, and 
Sandusky Indians, that they are now on their way here; there is 
the Messengers that brought us those accounts, and are to stay here 
till they arrive. You will, therefore, return to your Chiefs, & let 
them know that no People whatever, in this Country, can give you 
Peace but the King's Commander-in-Chief; and we desire them to 
come here with the other Nations, and comply with your Engage- 
ments to Col. Bouquet, & not suffer themselves to be amused by 
Idle Dreams or Stories that may be told them by any body." 

A Belt. 

6th. Four Six Nations arrived here in a Canoe down the Monaun- 
gahela river, with five Cherokee Scalps ; they met a number of Vir- 
ginia Hunters on the heads of New river, who had like to have 
killed them. 

13. Several Munsie Indians came here in Canoes down the Ohio, 
from their Village above Venango, and brought two English Prison- 
ers, which they delivered up, both Girls ; one about twelve, the 
other about Nine Years of age; they were taken Young; can't 
speak a word of English ; one was taken near Shippensburg, the 
other near Juniata, in Cumberland County, Pennsylv'' 

14. About Eighty Seneca Indians came here from their Town at 
the Two Creeks, and brought with them a quantity of Skins & 
Furs, expecting to Trade. 

In a private conversation with Major Murray & me, they informed 
me that two Tribes of the Delawares were very much aversed to 



PROVINCIAL COUNCIL. 253 

making peace with the English, till the return of Kill Buck from 
Sir William Johnson, & then if ihey liked the terms, they would 
stand to them, but not otherwise ; that they called Custalngo an 
old Woman for agreeing to the Terms he did with Col. Bouquet; 
that they wanted to fight, & would have cutt off that Army had it 
not been for him, & they have been striving all this Spring to pre- 
vent the Shawanese, Senecas, k Sandusky Indians from coming 
here with the English Prisoners, telling the Indians, in Public 
Council, as the French and the Nine Nations, living on the Oqua- 
bacbe and Illinois Country, have agreed to supply & support us in 
the War against the English, as we shall be able to drive them out 
of this Country in less than two Years. 

But those Indians say that Giashutha, with the rest of the Senecas, 
Shawanese, and Sandusky Indians, with all the English prisoners 
in their Nations, are now on their way here, & would have arrived 
by this time had it not been for the Delawares, Custaloga and his 
Tribe being the only people of that Nation willing to be at peace 
with the English. 

18th. — Two Delaware runners came here from their Chiefs, to 
inform us they had accepted of the invitation I had sent them, & 
was now on their way here, and would endeavour to be here as soon 
as the other Nations. 

19th. — The several Indians now here, which is about Two hun- 
dred, seem very sulky, on account of their not being suffred to 
Trade, notwithstanding I have made use of every argument in my 
power to explain to them the reason of it. 

20th. — I dispatched four Indian runners to meet the several 
Chiefs with the messages, to press them to make all the dispatch 
possible here. In the afternoon the Beaver, with several Dela- 
wareS, came here, with several horses, loaded with peltry, in order 
to Trade, when I informed them that no Trade could be permitted 
till the several Nations had performed their engagements to Colonel 
Bouquet. 

21st. — A number more Delawares arrived here with several 
Horse loads of peltry, in order to Trade. 

23d. — Four Senecas came here, who informed me they see a 
Battoe, with several White men, going down this river about 25 
days ago, and asked me where they was going, on which I told 
them ; they then said I was wrong in letting them go, as they knew 
the French had incensed the Indian Nations that way against the 
English, and that unless a number of the Shawanese & Delawares 
would undertake to reconcile those Nations to the English, they 
were of opinion it would be very difficult to do it any other way. 

24th. — The Newcomer or Noatwhelama, arrived here, with most 
of the Warriors of his tribe, when he made a long speech to Major 
Murray, & me by way of Compliment. 

25th — Custalogo arrived here, when he and his Tribe saluted 
the Garrison with Three discharges of their Guns, which Major 
Murray ordered to be returned with three Cannon. 



254 MINUTES OF THE 

26tli — Six Delaware Indians arrived bore from Sir William 
Johnsou, and brought a Letter to the Chiefs of the Delawares, 
which I interpreted and explained to them in a meeting which 
Major Murray & I had with them on that occasion. 

In the Evening, about Twenty more Delawares came here with 
several horses loaded with Skins & Furs. 

28th.' — Four Shawanese runners came here with the Callimutt of 
peace, belonging to their Nation, and attcr smoaking out of it, they 
informed Major Murray & me, that the Chiefs of their Nation was on 
their way here with all the English prisoners, which was the reason 
of their being so long on the road, the prisoners not being able to 
travel fast, but that they would be here in three or four days, & 
desired us not to be uneasy till they arrived. 

29th. — I had a private meeting with the Chiefs and principal 
Warriors of the three Tribes of the Delawares. When they brought 
the Indians they say had been lifted up to Heaven, and had spoke 
to the great spirit or giver of Life, I spoke to him and desired to 
know what the great Spirit had told him ; He remained Silent for 
some time, and then spoke as follows : 

" Brethren : 

" It is now one hundred & fifteen days since I saw and spoke with 
our Father which is in Heaven, by which I know every thing on 
Earth, and good from bad ; I have likewise been informed how far our 
great Father allows us to know his Will, and in what manner we 
ought to proceed in order to make a firm and lasting Friendship be- 
tween one another, and the persons amongst the White people to 
whom we are to Speak to on this bead, by order of our Father, are 
the Quakers. We are sensible of the misunderstanding that has 
been between us, and know we ought to be as one people, having 
but one Father. God, when he first made us and seated us on 
this I^arth, considered us as his people, and gave us directions in 
what manner to live ; and now this second time has discovered 
himself to me, acquainting me with the method we ought to pur- 
sue to live agreeable to his desire; he spoke to me concerning all 
the people which inhabit this Continent. 
" Now, Brethren : 

" We have got as much of his Sentiments as will be sufficient to 
direct us to live in firm Friendship, and it will be happy. Brethren, 
if we adhere to the advice our Father has given us; it will do us 
both good; As we are people of different Colours who inhabit this 
Continent, our Father has likewise spoke to my Chiefs by me, 
giving them an advice in what manner to behave as Kings, and now 
they will act as Kings. 
" Brethren : 

'< We are fully determined to comply with the Orders of our 
Great Father, as we don't think it would be right to disobey him; 
and desire you will join us, and let us both comply with his request; 
it will be better for us. We are his people, & he is our Father ; 



PROVINCIAL COUNCIL. 255 

you know, Brethren, if we do not do as he desires Us, it will not 
DC good for either of us." 

30th. — Several Chiefs and principal Warriors of the Delawares, 
in a private Meeting, told me that the great Spirit had told them, 
as they were the first Nation that met the Quakers when first they 
came to Philadelphia, they ought to be the first apply'd to in ma- 
king a lasting peace for all other Nations in this Country, and if 
they would agree to that, they would make a peace & bring all other 
Nations into it. 

I told them I was well acquainted, by other Nations, that this 
was what they wanted, that I was much surprized at their Conduct 
after what they had promised to Col. Bouquet, and that the Qua- 
kers could not make peace with them ; That as soon as the Shawa- 
nese come, I would deliver the General's messages to them, which 
if they complied with, It would be well for themselves, as all other 
Nations had made their peace with Sir William Johnson, except 
them & the Shawanese ; 'J'hat the Shawanese was now coming in 
order to go to Sir William Johnson to make theirs, and if they would 
not they must go to the Quakers or sit alone in the Woods, for it was 
out of my power to comply with their request. 

May 1st. — Two Indians from Sandusky came here and says that 
about 30 days ago a Frenchman from tlie Uinois passed by the Mi- 
amies Village towards Detroit, and told all the Indians he saw that 
the King of France, their Father, had sent a large quantity of 
Goods to New Orleans, for to supply his Children, the Indians in 
this Country, & would send them more next Year. 

Last Night, two principal Warriors of the Delawares, differed in 
Council & stabbed each other in such a manner that their Lives is 
dcspair'd of, which throw'd all the Tribes of that nation in such 
confusion that Major Murray & I was obliged to speak to them on 
three Belts of Wampum, to reconcile them to each other. 

2d — A number of the Shawanese arrived here, with part of the 
English prisoners, and saluted the Garrison with a discharge of 
their Guns, which was returned by three Cannon, after which they 
came over the river & informed that the rest of their people would 
be here to-morrow. 

5tli. — The Messenger that I sent to meet part of the Shawanese 
return'd, & says that some of the prisoners was sick, which delayed 
them so long on their way here, but that they expected them 
to morrow Evening. 

6th. — A number of Senecas arrived here, and say the Shawanese 
would not get here till to-morrow morning. 

7tli — The Shawanese arrived with the last of the White priso- 
ners, & saluted the Garrison with two rounds, which was returned 
by tliree Cannon, then made several Compliments to Major Mur- 
ray &. me for their delay on the road and the time it to k them to 
collect the prisoners together before they sett off, being determined 
not to come till they could deliver them up .nd cm ply with 
their other engagements, as their whole Nati a wa.s resolved to 



256 



MINUTES OF THE 



make a lasting peace with their Brethren, the English, which shall 
never be broke on their side, and hoped their Brethren would not 
give any occasion for the future to excite their Jealousy or suspicion 
(meaning the English.) 

In the Evening two Senecas arrived here from Chenessies on 
business to the Senecas, Shawanese, & Delawares, and by what I 
can learn, their Business is to enquire what Success the Shawanese, 
Delawares, and Senecas had last Fall, at the Illinois, with the 
French and Indians there, those two men has told the Senecas here 
that the Six Nations are so divided in their Councils, that they had 
not agreed to go to Sir William Johnson when they left home, the' 
be had sent several Messages for them. 

8th. — The Shawanese & Senecas sent for Major Murray & me 
and performed all the Ceremonies of Condolence, as usual on Meet- 
ings of this Nature." 



At a meeting with the Chiefs of the Shawanese, Delawares, Se- 
necas, & Sandusky Indians, at Fort Pitt. 

PRESENT : 

Major William Murray, & several Officers of the Garrison. 



Dtlaivares. 
Neattawatways, 
Custaloga, 
The Beaver, 
Latort, 
Tepiscochan, 

Kelopum, )■ Chiefs. 

Spoagusa, 
Ncsseuletham, 
Cuscalethon, 
Kehewenum, 
Capt"- N. Jacobs. 
Wingenuna, 
Cutfinger Peter, 
Capt"- Pipe, 
Capt"' Johnny, 
Capt"- Grey Eyes, 
Turtle Heart, 
Sun Fish, • Chief 

White Wolf, I Warriors. 

John Peters, 
Thomas Hickman, 
Kecholan, 
Opeloawethin, 
Wessoaux, 
Simon Girty, 
With 215 Warriors, besides ") 
Women and Children. J 



[^ Chiefs. 



J 



I Chief 
,' Warriors. 



Shawanese 

Kisinoutha, 

Lawoughgua, 

Thaminusque, 

Lawisimo, 

Wapecawpa, 

Assitahiwa, 

Metholahela, 

Beniwesica, 

Mam se high, 

Weconna thaca, 

Thecoma, 

Wapemoga, 

Nichebucketha, 

Nichmwhoa, J 

With 105 Warriors, besides ") 

Women & Children. J 

Senecas. 

Ouchista, 

Kyashuta, 

Opaughkee, \ Chiefs 

Connaduntohas, 

Couidageiate, J 

Giniswean, ? m • ^ -nr 

e 1 ' >■ Chief AVariiors. 

bohays, }> 

With 125 Warriors, besides? 

Women & Children. 5 



PROVINCIAL COUNCIL. 257 

Sandusky Indians. 

Onadcgoss, ? Chiefs, ^^"j^ff"' 1 Chief Warriors. 

Thusnedasgo, 5 Capt°- John, j 

With 38 more Warriors, besides Women & Children. 

Munsies. 

38 Men, besides Women & Children. 

"Brethren : 

" I have sent here two Months ago, by his Majesty's Com- 
mander-in-Chief, & Sir William Johnson, Bar'' with Messages to 
your several Tribes, and have sent several messengers to summon 
you together, and to my great surprise you have, by your delays, 
obliged me to stay here waiting for you, thirty days longer than I 
expected. 

A string. 

''Brethren, 

"His Excellency General Gage has ordered me to inform you 
that he expects you will immediately perform all the engagements 
you made last Fall to Col. Bouquet, one of which was to deliver up 
all the English prisoners and negroes which was in your several 
Villages; this article in part you then performed, and was to deliv- 
er the rest here early this spring, and I hope as you have delayed 
so long after I sent for you, that you have brought them agreeable 
to your promises. 

Two Bolts. 
" Brethren, 

"At the same time you promised solemnly ;o Col. Bouquet, that 
you would send Deputys of your nations fully empowered to settle 
a peace with Sir William Johnson, and at the same time leave such 
a number of Hostages here till their return; How you have com- 
ply'd with this Article I need not inform you ; you have sent but 
one Man to Sir William Johnson, and he not a Chief of any of your 
Tribes; and the Hostages you delivered to Col' Bouquet, have all 
shamefully run away except three, tho' they was all as well used 
here as any of our own people, and never confined. This conduct 
Brethren, has given all your Brethren the English a suspicion of 
your Sincerity, therefore His Excellency General Gage expects that 
you will immediately send proper Deputys to Sir William Johnson 
to ratify and confirm a lasting peace, and replace Hostages here, till 
that is done ; as till you perform those your engagements to Col. 
Bouquet, no trade can be opened for your nations. 

Two Belts. 
" Brethren, 

" His Excellency General Gage & Sir William Johnson has or- 
dered me to assure you, that as soon as you perform those articles 
that a free Trade and Intercourse will be allowed you and all other 
VOL. IX. — 17. 



258 MINUTES OF THE 

nations of Indians to the Sun Setting, so long as they continue to 
behave well to his Majesty's Subjects. 
Two Belts. 

''Brethren, 

''His Majesty, the King of Great Britain, having conquered the 
French in this Country, which you are well acquainted with, all the 
Forts and Settlements the French had is now become the property 
of the King of England. The French Troops are to be sent to 
France, and the planters to become Subjects to England; therefore, 
the Grenerul has ordered me to inform you that the King of Great 
Britain will take under his protection all the nations of Indians in 
this Country to the Sun Setting, & restore tranquility amongst all 
nations, that your Children unborn may enjoy the blessings of a 
lasting peace. 

Two Belts. 
" Brethren, 

"I am now going by his Excellency General Gage's orders to visit 
all the Indian nations settled on the Oabache, and in the Illinois 
Country, and to offer them the friendship of the King of Great 
Britain and his Subjects, as he is now become their Father, and the 
General expects that you will send a Deputation of your nations 
with me, to assist in reconciling those nations (with whom we have 
had but little Intercourse) to his iMajesty's interest." 
. Two Belts. 

Then Kashuta spoke in behalf of the Seneca and Sandusky In- 
dians to the Shawanese & Delawarcs : "Nephews, the Delawares, & 
Brethren the Shawanese, you have heard what your Brethren the 
Engli.sh have said to you ; they have desired nothing of you but 
what you solemnly promised last full to Col'- Bouquet, all which 
you ought to perform. For our parts, we are determined to take 
the advice of our Brethren, the English, as we know it will be for 
our good, and we desire you Friends to do the same, as you are 
under engagements to do so; If you do not, you must take the con- 
sequences; for we are determined to comply with what our Brethren 
desires of us." 

Delivered a string to the Shawanese aud Delawares. 

Then a Chief of the Shawanese got up, and taking all the Belts 
delivered to them in his hand, addressed himself to the Delawares 
as follows: 

" Grandfathers, the Delawares, You have heard what our Father, 
the King of England, has said to us, and likewise what your Uncles, 
the Six Nations, has said; they desired nothing but what is right. 
We behaved wrong last Fall, but we are determined to do right, 
therefore we desire you to consider well what has been said to you, 
as you have not complied with all you promised, no more than we 
have done; let us act like Men, and convince our Father, the King 
of England, of our Sincerity, & answer those Belts to-morrow." 



PROVINCIAL COUNCIL. 259 

Then Custaloga spoke for the Delawarcs, and addressed himself 
to the Shawauese, saying: — "Grandchildren: You say right; we 
will consider those speeches & answer them to-morrow." 



At a Meeting with the same Indians, May the 10th, 1765. 

PRESENT : 

Major William Murray & several Officers of the Garrison. 

The Shawanese came over the river with the English prisoners, 
beating a Drum and singing their peace song, agreeable to the An- 
cient Custom of their Nation, which they continued till they entered 
the Council House. 

Lawoughgua, speaking for the Shawanese, got up and addressed 
himself to the English : 

" Fathers : for so we will call you henceforward, listen to what 
we are going to say to you. 

" It gave us great Satisfaction Yesterday to be called the Children 
of the King of England, and convinces us that your intentions to- 
wards us is upright, as we know a Fatlier will be tender of bis 
Children, and they more ready to obey him than a Brother, there- 
fore we hope our Father will now take better care of his Children 
than has heretofore been done. 

" You likewise put us in mind of our promises to Col"' Bouquet, 
which was to bring your Flesh and Blood to be delivered at this 
place. Father : you have not spoke for nothing ; we are come pre- 
pared ; you see we have brought them with us. You desire us now 
to send Deputies to Sir William Johnson to confirm a peace ; we 
have appointed a Deputation to go there, and also the Hostages who 
are to remain here till their return. You then informed us you 
was ordered to go to the Illinois Country, to invite the several Nations 
there to join in 'Friendship with our Father, the King of Great 
Britain & his Subjects, and desired some of us to accompany you 
there. In this you have done well; those nations are our Allies; 
we will go with you and do every thing in our power to promote the 
good work of peace between our Father and them, with whom you 
have no acquaintance as yet. 

A Belt, 8 Rows. 

*' Father, Here is your Flesh and Blood, except , a few 

that was out with some of our hunting parties, & those will be 
brought here as soon as they return. They have been all tied to 
us by adoption, and altho' we now deliver them up to you, we will 
always look upon them as our relations whenever the great Spirit is 
pleased that we may visit them. 

A large String. 
" Father : 

" We have taken as much care of these prisoners as if they were 
our own Flesh and Blood j they are now become unacquainted witb 



260 MINUTES OF THE 

your Customs & manners, & therefore, Fathers, we request you will 
use them tenderly & kindly, which will be a means of inducing them 
to live contentedly with you. 
A Belt, 6 Rows. 

" Father : 

" We will now comply with every thing you have asked of us, & 
assure you we are sincere in every thing we have said. Here is a 
Belt with a figure of our Father, the King of Great Britain, at one 
end, and the Chief of our Nation at the other; This represents them 
holding the Chain of Friendship, & we hope that neither side will 
Blip their hands from it so long as the Sun and Moon gives light." 

A Belt, Seven Rows. 

Custologa, speaker for the Delawares : 
'' Brethren : 

" Yesterday you put us mind of our engagements to Col. Bou- 
quet ; we now assure you we are ready to perform every part which 
we have not yet complied with. 

A String. 
'' Brother : 

''.You desire we may again leave Hostages at this place, and 
send other Deputies to Sir William Johnson ; this we will likewise 
do." 

A String. 

He then addressed himself to the Six Nations : " Uncles, yester- 
day you desired us to be strong in complying with every thing our 
Brethren, the English, might require of us; this we are determined to 
do, and hope you will also do every thing on your parts to forward 
a good peace." 

A Belt. 
'< Brother :" 

Addressing himself to me, "as you told u? you were ordered to 
visit the Western Nations, I now wipe your Eyos, and open your 
Ears, that you may see and hear those Nations with pleasure when 
they speak to you. I likewise clear the way, that you may have a 
safe passage to the place you are going. 

A Belt. 

"Brother: 

"Don't imagine what I have said comes from my lips only; I 
assure it proceeds from the bottom of our Hearts, and now, by 
this Belt, I remove every evil thing from your heart, and make it 
like those of our Ancestors when they thought of nothing but Peace ; 
and I also wipe the outside of your Body clean, that not the least 
remains of anything which might give you trouble, may ever again 
appear, and by this Belt we take fast hold of you, our Brethren, in 
Peace." 

Delivered a Friendship Belt of 20 Rows, with the figure of two 
men, representing the English and themselves. 



PROVINCIAL COUNCIL. 261 

Kyashuta then spoke to the Delawares : 
*' Nephews : 

" You told us your Uncles, the Six Nations, that you were de- 
termined to do every thing that was requested of you by us and our 
Brethren, the English ; we are glad to hear you are come to such 
a Resolution, and we desire you to be strong & do so." 
A. String. 

Kyashuta then addressed himself to us : 
" Brethren : 

*' I am going now to speak to you in behalf of all the Nations 
present, and those do the Sun Setting. You told us yesterday that 
the General, and Sir William Johnson, ordered you to assure all Na- 
tions to the Sun Setting, that if they performed their engagements 
we should enjoy a free Trade and intercourse; I hope this comes 
from your Heart, as you see your Brethren, the Delawares, and 
Children, the Shawanese, are willing to comply with every thing 
you required of them. Now, Brethren, do not act as you have done 
for a Year or two before those late Troubles, when you prohibited 
the sale of Powder, Lead, and Rum. This conduct gave all Nations 
in this Country a suspicion that you had bad designs against them, 
and was contrary to your first promises, when you came here to set- 
tle and build this Fort on our Ground. You make Rum, and have 
taught us to drink it ; you are fond of it yourselves ; therefore, don't 
deprive us of it, or the liberty of purchasing Goods ; Open the trade, 
and let us sell our skins which we have brought here for that pur- 
pose, otherwise, we must think you from your lips, and not from 
your Hearts. 

A Belt. 
"Brethren : 

" When you first come to drive the French from this place, the 
Governor of Pennsylvania sent us a Message that we should with- 
draw from the French, & that when the English was settled here, 
we should want for nothing. It's true, you did supply us very well, 
but it was only while the War was doubtful, & as soon as you con- 
quer'd the French you did not care how you treated us, as youthen 
did not think us worth your Notice ; we request you may not treat 
us again in this manner, but now open the Trade and do not put us 
off with tolling us you must first hear from your great man before 
it can be done ; If you have but little Goods, let us have them for 
our Skins, and let us have a part of your Rum, or we cannot put 
dependance on what you tell us for the future." 
A Large Belt. 

He then added that he did not speak for himself, but was ap- 
pointed by all the Tribes present, & that what he had said was the 
Sentiments of the whole. 

Then Kyashuta spoke to the Delawares on behalf of the English 
& Six Nations, giving them an invitation to return to their old 



262 MINUTES OF THE 

Settlements, k at the same time desiring them to bold fast by the 
Chain of Friendship subsisting between the English & Six 
Nations. 

A Belt. 

Then Ogista, an old Seneca Indian, spoke to the Shawanese, & 
invited them to return to their old Settlements, where they would 
be near their Fathers, the English, & their Brethren, the Six 
Nations. 

A Belt. 



At a meeting with the same Indians. 

Fort Pitt, May 11th, 1765. 

PRESENT : 

Major William Murray, & Several Olficers in the Garrison. 
" Brethren of the Six Nations, Shawanese, Delawares, & Sandusky 

Indians : 

" You Yesterday answered the several Speeches I delivered you 
the day before from his Excellency General Gage, and you have 
agreed to comply with every thing he desires of you ; Brethren, 
you have done right in complying with the General's request, & 
you may be assured I will represent your readiness on this occasion 
to him, & Sir William Johnson, in a proper manner. 

" Brethern : 

"When first your Brethren, the English, settled here, they 
kindled a Council Fire for all the Nations of Indians to the Sun 
Setting, but for two Years past, this Fire has been neglected and 
was near going out. Now, Brethren, I put some good dry wood on 
your Council Fire, that it may blaze up to the Sky, so that all Na- 
tions may see it, and come here to smoke with their Brethren in 
peace. 
" Brethren : 

"Now I have kindled your Council Fire, and made it burn clear, 
I again, with this Belt, disperse all the dark Clouds that has been 
hanging over your heads for some time past, that you may see the 
Sun clear. 
"Brethren ; 

" You have now appointed a Deputation to go to Sir William 
Johnson's, of your several Nations, to confirm a lasting peace as you 
promis'd Col. Bouquet last fall; You have made a good choice; I 
am well acquainted with your Tribes, and I know these to be the 
Chiefs & Men of consequence in your Nations; I approve of themj 
Therefore, Brethren, I now make the Road smooth and easy to their 
Feet, & remove any Logs that may have fallen across it^ that you 
may Travel safe to Sir William Johnson's. 



PROVINCIAL COUNCIL. 263 

"Brethren, the Sliawanese : 

" You Yesterday delivered to Major Murray & me a numher of 
our people, agreeable to your promises, & say the few remaioiug, 
which was out a hunting, should be brought here as soon as possi- 
ble; your conduct in this is very agreeable, & convinces us of your 
Sincerity, & be assured I will represent it properly to the General 
& Sir William Johnson, & I de,-ire you will, as soon as possible, 
bring in those you left behind. 
" Brethren : 

" Yesterday you made two Speeches concerning our past conduct 
in Trade, i must observe to you that had we a mind to recapitulate 
Injuries, we could convince you that we have much more reason to 
complain of your Conduct than you have of ours, but we have 
thrown away from our remembrance every thing that gave us any 
trouble, and hope your future conduct will be such as will give us 
no reason to repeat past offences, and to convince you of our Sin- 
cerity, the Commanding Officers here, tho' he has no orders for it, 
will take upon himself to open the Trade and suffer you to par- 
chase such necessaries as is here, which is but litdo, owing to your 
own backwardness in not coming here early in the spring, as you 
promised, but as soon as the General is made acquainted with your 
Conduct at this meeting, he will order our Traders to supply you 
with all necessaries you may want. 
"Brethren : 

" You desire that rum may be sold to you; the traders here have 
none, but as soon as you have sold your peltry, and is setting out 
for your own Country, Major Murray will make you a present of 
some. 

" Brethren : 

" I have now finished every thing I had to say to you only to 
acquaint you that the General, willing to convince you of the Sin- 
cerity he has towards you, has ordered Major Murray & me, on your 
complying with what he ordered me to require of you, to make you 
a present of Goods to Cloath your Women & Children, which we 
now deliver to your several Tribes" 

After the presents were delivered, Kyashuta spoke to the Dela- 
wares and Shawanese : 
" Nephews, the Delawares and younger Brethren the Shawanese : 

" You have now heard every thing your Fathers, the English, 
had to say to you, and as you have assured them you will comply 
with every thing they desired, be strong. We have appointed 
Deputies to go to Sir William Johnson's and men to attend Mr. Croghan 
on his Journey; here is one of our Chiefs, who is[to stay here with 
his Family to assist our Brethren, the English, in Council." 

Then he addressed himself to Major Murray & me, & pointed 
to the Chief, saying, this is the man to stay here with you till our 
return." 



26i MINUTES OF THE 

Then Custologa spoke to the Six Nations in behalf of y" Dela- 
wares : 

" Uncles : You yesterday desired us to return to our old Settle- 
ments, & live in peace with our Fathers, the English; this, I assure 
you, we will do, & you shall see us kindle our Fire again at our old 
places." 

Gave a Belt. 

Then addressing himself to the English : 

" Fathers : I must now call you ; It's your desire that we appoint 
Deputies; this is done, and we send such men as are best acquainted 
with the Affairs of our Nation." 

A true Copy from Mr. Croghan's Journal. 

ALEXANDER M'KEE. 

The Board having taken the said Letter and Journal into consid- 
eration, as well as the favourable State of Indian Affairs in general, 
were of Opinion that a free Intercourse and Trade ought to be im- 
mediately opened & established between his Majesty's Subjects of 
this Province and the several Nations and Tribes of Indians now in 
Amity with the Crown of Great Britain. A Draught of a Proclama- 
tion being accordingly prepared, was read & approved, & ordered to 
be published this week in the Pennsylvania Gazette & Journal. 
200 Copies of the same were also directed to be printed in seperate 
Sheets, & dispersed thro' the Province. 

The Proclamation follows in these words, viz'' : 

" B^ the Honouralle JOHN PENN, Esquire, Lieutenant Gov- 
ernor and Commander-in-Chief of the Province, of Pennsylvania.) 
and Counties of Newcastle, Kent, & Sussex, on Delaioare. 

"A PROCLAMATION: 

'' Whereas, His Majesty, by his Royal Proclamation, given at S'- 
James's the Seventh day of October, 1763, in the third Year of his 
reign, was graciously pleased to declare and enjoin, that the Trade 
with the several Nations or Tribes of Indians with whom he is con- 
nected, & who live under his protection, should be free and open to 
all his Majesty's Subjects whatever: provided that every person who 
might incline to trade with the said Indians, should take out a 
License for carrying on such Trade, from the Governor or Com- 
mander-in-Chief of any of his Colonies, respectively, where such 
person should reside, and also give Security to observe such regu- 
lations his Majesty should at any time think fit, by himself or by his 
Commissaries, to be appointed for that purpose, to order and direct, 
for the benefit of the said Trade; And his Majesty did thereby 
authorize, enjoin, and require the Governors & Commanders-in- 
Chief of all his Colonies, respectively, as well as those under his 
immediate Government as those under the Government and direc- 
tion of Proprietaries, to grant such Licenses without Fee or reward, 



PROVINCIAL COUNCIL. 265 

taking especial care to insert therein a condition that such Licence 
should be void and the Security forfeited, in case the person to 
whom the same is granted should refuse or neglect to observe such 
regulations as his Majesty should think proper to prescribe as afore- 
said. 

"And Whereas, by my proclamation, dated the 5th Day of De- 
cember last, a Cessation of all Hostilities between his Majesty's 
Subjects in this Province, and the several Tribes of Northern and 
Western Indians, was strictly enjoined and required; since which 
great numbers of the said Indians have lately assembled at Fort 
Pitt, & there renewed and confirmed with George Groghan, Esq'-; 
Deputy Agent for Indian Affairs, their engagements, formerly made 
with Brigadier General Bouquet, to cultivate the strictest harmony 
& friendship with all his Majesty's Subjects, and have given sufii- 
cient Hostages as a security for the faithful performance thereof, and 
desired that they might again enjoy the Benefit of a trade with the 
Inhabitants of this Province : I have, therefore, thought fit, by and 
with the advice of the Council, to issue this proclamation, hereby 
publisliing & declaring to all his Majesty's Subjects within my Gov- 
ernment, that from and after the 20th day of June instant, all in- 
tercourse and trade with the several Nations and Tribes of Indians 
in amity with the Crown of Great Britain, and living under his 
Majesty's protection, shall be free and open to all persons residing 
in this Province, who shall apply for and obtaining my Licence to 
carry on such trade, under the provisions and restrictions mentioned 
in the said Royal Proclamation. And Whereas, I have received in- 
formation that sundry persons have, at several times lately, assem- 
bled themselves in armed Bodies on the Western Frontiers of this 
Province, and have, in a most riotous and illegal manner, presumed 
to interrupt the passage of all kinds of Goods to Fort Pitt, by 
which the Garrison there hath been greatly distressed ; and that 
small parties are now encamped and lying in wait for the same pur- 
pose, on the road of Communication to that post; / do herebi/ 
strictly charge and command all persons whatsoever, so assembled, 
forthwith to disperse themselves, and desist from all such illegal 
proceedings and practices, as they will answer the Contrary at their 
peril ; ^nd I do further enjoin & require all his Majesty's Subjects 
within this Government, to suffer every person hereafter travelling 
towards Fort Pitt with Goods, wares, or Merchandize, and having 
my Licence to trade with the Indians; as also, all persons transport- 
ing Goods and military Stores for the use of any of his Majesty's 
Garrisons, & having a passport for the same, from the Commanding 
Officer of one or more of the posts, to proceed and pass with the 
said Goods, Wares, merchandizes, & military Stores, freely and safely, 
without offering Violence or injury to their persons, or any Goods 
under their Charge, or giving them the least Molestation whatsoever, 
as they will answer the contrary at their peril ; ^nd I do further 
enjoin & require all Magistrates, Sheriffs, and other Officers, to use 



266 MINUTES OF THE 

their utmost Endeavors at all times to quell and suppress all riots, 
tumults, and disorderly proceedings, tending to disturb.the peace & 
quiet of his Majesty's Subjects, and also to be aiding & assisting in 
discovering & apprehending all persons that may be in any manner 
concerned therein, that the Offenders may be prosecuted according 
to due Course of Law. 

** Given under my hand and the Great Seal of the said Province, 
At Philadelphia, the fourth day of June, in the fifth Year of 
His Majesty's Reign, & in the Year of our Lord one thousand 
seven hundred and Sixty-five. 

"JOHN PENN. 
" By His Honour's Command. 

" Joseph Shippen, Jun'-' Secretary. 

"GOD SAVE THE KING." 

It being represented to the Governor that there is a necessity for 
a Magistrate in Muspellion Hundred, Kent County, & Mr. Robert 
Killen being recommended as a fit person for that purpose, a Special 
Commission was ordered to be made out accordingly. 



A Letter from his ExcclVey Genl. Gage to Governor Ptnn. 

' New York, June 2d, 1765. 
" Sir : 

" I have the pleasure to acquaint you that Sir William Johnson 
has finished his Congress with the Delawares, Senecas, &ca., in a 
very satisfactory manner, & he says beyond his Expectations. It 
is not necessary for me to relate to you what has passed with the 
Delawares and Shawanese at Fort pitt, as I am informed from thence 
that a Copy of the Conferences held there was transmitted to you. 
As the Shawanese have punctually complied with the Engagements 
made with Col. Bouquet, and as Sir William has settled affairs on 
the Mohawk River with the Tribes who met him there, to as much 
advantage as could be desired, I am only to make application to 
you that the Trade may be opened on the side of the Ohio as soon 
as possible. This seems the more necessary to be done immedi- 
ately, as the Indians, desire it very strenously as a proof of Sincerity 
on our part, having themselves complied with all the Conditions 
imposed upon them by us. And the Trade is already opened in 
every other part. 

"The Indians have appeared so well disposed that there is great 
reason so expect the Country will enjoy a Series of peace and Tran- 
quility, unless interrupted by the Riotous and Lawless proceedings 
of the people upon the Frontiers of Pennsylvania, Maryland & Vir- 
ginia. I have the honor to inclose you extracts of three Letters on 



PROVINCIAL COUNCIL. 267 

the subject of the violences they have been guilty of, and unless 
some mea^res are taken to restrain their Licentiousness, to 
punish them for the murders they have committed, and keep them 
in subjection to the Laws, There is too much reason to appre- 
hend our Affairs will soon bo thrown into worse confusion than 
they have ever been in. I have the honor to be, with great regard, 
Sir, 

" Your most Obedient humble Servant, 
'' THOS. GAGE. 
" Honble Lieut'" Governor Penn." 



MEMORANDUM, 7th June, 1765. 

The Governor this day issued a Commission appointing John 
Vining, Jacob Vaubeber, Richard M^Williams and John Clowes, 
Esq*^' Justices of the Court of Oyer and Terminer and General 
Gaol delivery fop the Government of the Counties of New Castle, 
Kent and Sussex on Delaware. 



At a Council held at Philad'- the 26th June, 1765. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieuten*- Governor, 
&ca. 

Benjamin Chew, Lynford Lardner, ) -rr „ 
Richard Penn, 5 ^^^ ' 

The Governor laid before the Board a Letter he received from 
his Excellency Major General Gage, dated the 16 June, 1765, in- 
closing extracts of 2 Letters, and a Copy of an Advertisement he 
had received from Lieutenant Colonel Reid, complaining of the 
riotous Conduct of the Inhabitants of Cumberland, their Insults & 
Abuses to his Majesty's Troops, &ca., which were severally read & 
are as follows, viz'- : 

^ Letter from General Gage to the Governor. 

" New York, June 16, 1765. 
" Sir : 

*' I have the honor to transmit to you some Extracts of Letters 
which I have received concerning the Proceeding^ of the Inhabitants 
of Cumberland County, who appear daily in Arms, and seem to be 
in an actual State of Rebellion. It appears, likewise, that the 
Rebels are supported by some of the Magistrates, particularly one 
Smith, a Justice of the Peace, and headed by his Son. Unless 
these Insurrections are immediately quelled, and the Authors and 



268 MINUTES OF THE 

Abettors of them brought to punishment, it is impossible to say 
where they will end. If the King's Troops are fired upon, and his 
Forts threatned with Assaults by Men in Arms, headed by Magis- 
trates, who refuse the ordinary Course of justice demanded of them 
by the Officers, I can't pretend to answer for the Consequences. It 
belongs to you to point out the Measures proper to be taken in such 
Circumstances, but it is my duty to represent these matters to you, 
and to offer you every assistance in my power for the support of 
Government, and to enforce an Obedience to the Laws, both which 
seem in danger of entire Subversion. 

" It is proper to acquaint you that a very large Convoy of Goods 
went from New Orleans for the Illinois last February, & that it ia 
probable they are by this time arrived there. This makes it neces- 
sary for us to open the Trade at Fort Pitt as soon as it is possible, 
& that the Officers commanding there should be made acquainted 
when the Traders may be expected, that he may give notice of it to 
the Indians of Ohio, and prevent their going to the Illinois for their 
necessarys. If the Trade is postponed at Fort pitt, the Indians will 
soon discover where supplys are to be had, & we shall drive them 
again into the Arms of the French. 

" I am, with great regard. Sir, 

" Your most Obed'- humble Serv''' 

"THO' GAGE. 

" Hon"'^- Gov'- Penn." 



Extract of a Letter from Colonel Rcid to General Gage. 

Dated " Carlisle, 1st June, 1765. 

" I received Letters from Lieutenant Grant, Commanding at Fort 
Loudon, complaining much of some late Insults received from the 
Rioters near that post. He says on the 28 Ultimo he was taking 
the air on Horseback, and about half a mile from his post was sur- 
rounded by Five of the Rioters, who presented their pieces at him ; 
the person who commanded them to shoot the Bougar, that one of 
them fired at him, which frightned his horse, who run into the 
Bushes, & occasioned his being thrown upon the Ground. They 
then disarmed him, carried him fifteen Miles into the Woods, and 
threatned to tye him to a Tree and leave him to perish, if he would 
not give them up some Arms, which, by his Orders, were taken 
from the first party of Rioters that appeared at his post. When he 
saw they were determined to put their threats into Execution, he 
thought it was best to promise them their Arms, and was made to 
give Security to deliver them up in five Weeks, under a penalty of 
Forty Pounds, which being obtained in that manner, certainly can- 
not be binding. Mr. Grant has also sent me a Copy of a very sin- 



PHOVINCIAL COUNCIL. 269 

gular Advertisement, which was found pasted up by the rioters at 
some distance from his post, which I have taken the liberty to in- 
close. The Express who brought the dispatches from Loudon 
tells me he was stopt by some of the Fellows on the road, who 
would have taken his Letters from him, but being Armed with a 
Eroad Sword, & his Companion having a Pistol, they stood on their 
defeuoe & wou'd not Submit." 



Extract of a Letter from Lieutenant Colonel Eeid, Commanding Ms 
Majesti/'s Forces in the district of Fort Pitt, to his Excelle^icy 
Gen I. Gage, Commander-in-Chief &ca., &ca., &ca., Dated Fort 
Loudon, 4:th June, 1765. 

" The first rendezvous of the Rioters was at Justice Smith's, about 
5 Miles from Fort Loudon, the 6 day of March last; From thence 
they followed the first Convoy of Goods, consisting of eighty-one 
horse loads, twelve miles further, and burnt and pillaged Sixty-three 
loads. Capt"- Callender applied to Lieut. Grant for a Sergeant and 
12 Men, which he agreed to, who saved the remaining loads, chiefly 
consisting of Liquor, and made some of the rioters prisoners, who 
were afterwards released upon Bail^ and took eight rifles, in all which 
Lieut. Grant is justified by Brig'- Bouquet, in his Letter of the 
14th of March, who desires him to keep the rifles in his possession 
till the Owners' names shall be found out, which he has accordingly 
done. Lieut. Grant, in his Letter to Brigadier Bouquet, of the 9th 
of March, informs him that he was threaten'd, if he did not deliver 
up his prisoners, that 200 Men in Arms would come and burn 
the Fort and l-escue them by Force, which obliged Lieut'- Grant to 
keep his Garrison under Arms a whole night, being in expectation 
of an Assault; and upon their being admitted to Bail, Smith, the 
ringleader of the Rioters, had the Assurance to come into the Fort 
and told Lieutenant Grant that they were determined to fire upon 
the Troops, in case they attempted to carry these Men Prisoners to 
Carlisle. 

" Several Horses loaded with Liquors and Necessaries for the 
Troops, on the Communication belonging to Joseph Spears, arrived 
at Fort Loudon, where the Goods were deposited, and the Drivers 
carried their Horses as usual into the Woods to Feed, where they 
were attacked by about thirty of the Rioters in disguise, with their 
faces blacked, who tied them up and flogged them severely, Killed 
five of their horses, wounded two more, and burnt all their Saddles. 
One of the drivers who made his Escape, returned to the Fort and 
implored the Protection and assistance of the Commanding Officer, 
in rescuing his Companions and preventing the Horses from being 
killed. Lieut'- Grant thought it his duty to send a Sergeant & 12 men 
for that purpose ; the Rioters finding themselves pursued; fired upon 



270 MINUTES OF THE 

the Party, wlio returned the Fire, & Slightly wounded one of them 
in the Thigh. 

" 10th of May. About 150 of the Eioters in Arms, Commanded 
as I am informed, by James Smith, and attended by three Justices 
of the Peace, appeared before the Fort, & demanded to Search 
the Goods, with an intention, it is believed, to plunder and 
destroy them, as they had done before. Lieutenant Grant -sus- 
pecting their design, told the Justices that the Goods were un- 
der his protection by order of the Commander-in-Chief, who nad 
been pleas'd to send him Instructions to have an Inventory of 
the Goods taken by a Justice of the Peace, and that he intended 
to apply to one of their number to have it done, but did not 
think it safe at that time, in presence of such a Moh, whom 
he had reason to suspectj to which the Justices made answer that 
they wou'd not come again, and impertenently said, they were not 
under the General's Orders, but that it is their Governor's Orders 
they are to obey. The Justices further told Lieutenant Grant that 
they would pay no regard to any Military Ofl&cers pass of whatever 
rank he might be, and that no Goods whatever could be safe in go- 
ing along the Communication, without a pass from a Justice of the 
Peace. After this declaration, it cannot be doubted that some of 
these Justices have encouraged the rioters & even protect them in 
their lawless measures; none of the Justices have taken any notice 
of the outrage & violence committed on Lieut. Grant and the two 
Sergeants I made mention of in my last; on the contrary Smith, who 
beads these villians, together with the rest of the party who com- 
mitted these Violences, have appeared ever since openly at Justice 
Smith's house, and were seen there by Lieut. Grant himself, who 
complained of them to the said Justices but could obtain no redress. 
Mr. Maxwell, a Justice of the Peace, who has always disapproved of 
the measures of the rioters, has had his life threatened by them. — 
He tells me that one of the Rioters had the assurance to confess to 
him the day before they appeared in arms before the Fort, that 
they were determined by Force to sieze upon the Goods and plun- 
der them, which he says the Rioters made no secret of. Mr. Max- 
well also says that the common place of Rendezvous for them is at 
Justice Smith's, who he believes encourages them. I have seen 
some passes signed by Justice Smith and his Brother-in-law, not 
only for traders but even for Soldiers of the Garrison, who are not 
safe to go any where about their lawful affairs by a pass from their 
own Officers. — They use the Troops upon every occasion with such 
indignity & abuse tbat Flesh and Blood cannot bear it. — A party 
of them had the Impudence again to intercept the Express I men- 
tioned in my last, in his return from Carlisle to this place, used him 
cruelly, and detained him all day yesterday; one Wilson, who seem- 
ed to headed the party, told the Express that they were determined 
to stop the Clouthing of the Regiment in its way from Carlisle." 



PROVINCIAL COUNCIL. 271 



"ADVERTISEMENT: 

"These are to give notice to all our Loyal Volun tiers, to those 
that has not yet enlisted, you are to come to our Town and come to 
our Tavern and fill your Belly's with Liquor and your Mouth with 
swearing, and you will have your pass, but if not, your Back must 
whipt & your mouth be gagged; You need not be discouraged at 
our last disappointment, for our Justice did not get the Goods in 
their hands as they expected, or we should all have a large Bounty. 
But our Justice has wrote to the Governor, and every thing clear on 
our side, and we will have Grant, the Officer of Loudon, Whip'd or 
Hang'd, and then we will have Orders for the Goods, so we need 
not stop; what we have or mind and will do for the Governor will 
pardon our Crimes, and the Clergy will give us absolution, and the 
Country will stand by us; so we may do what we please, for we have 
Law and Government in our hands & we have a large sum of mo- 
ney raised for our Support, but we must take care that it will be 
spent in our Town, for our Justice gives us, and that have a mind 
to join us, free toleration for drinking, swearing, sabbath breaking, 
and any outrage what we have a mind to do, to let those Strangers 
know their place. It was first Possess, (Black's Town,) and we move 
it to S<iuire Smith's Town, and now I think I have a right to call it, 
and will still remain till our pleasure, and we call it Hell's town, in 
Cumberland County, the 25th May, 1765." 

Peeters Township. 

"Your Scripture says ' that the Devil is the Father of Lies,' 
but I assure you this is the plain truth what I say. 

" God Bless our brave loyal Volunteers, and success to our Ilells- 
town." 

The said Letters, &ca,, being duly considered, the Council advi- 
sed the Gov'' to write to the Justices of Cumberland, fully acquaint- 
ing them with the Complaints made by Col. Reid against the peo- 
ple in that County, and requiring them to obtain a full account of their 
Behaviour, the names of the persons concerned in any riots, sup- 
ported by affidavits, and particularly as to the making Lieut. Grant 
a prisoner, and to transmit the same to the Governor, and also 
commanding them to use their utmost Endeavours to suppress all 
riots, to preserve the publick Peace, and bring the Offenders to Jus- 
tice. The Board were likewise of Opinion that a Letter should be 
wrote to Justice Smith, requiring him to come to Philadelphia to 
answer the new charges against him. Another to Justice Maxwell, 
requiring him to appear at the same time, with witnesses to support 
them ; Another to Lieut. Grant, desiring him to sen i depositions 
relating to his being made a prisoner, & the abuses and insults he 
had received, &ca. ; And lastly, that the Governor would answer 



272 MINUTES OF THE 

Gen'- Gage's Letter, giving Lim a detail of liis own Conduct on re- 
ceiving intelligence of the destruction of the Goods at Sideling 
Hill, his Journey to Carlisle, the indefatigable pains & legal steps 
he had taken there to discover the Offenders & bring them to Jus- 
tice; And further informing him of the measures he is now taking 
in consequence of the General's Letter, &ca. 

The Governor ordered a special Commission to be issued, appoint- 
ing Mr. William Conwell a Justice of the peace and of the County 
Court of Common Pleas for Sussex County, in the room of John 
Clowes, Esq'-' who was appointed one of the Justices of the Su- 
pream Court, &ca. 



28th June, 1765. 
MEMORANDUM. 

The several Letters which the Governor wrote to the Justices of 
the County of Cumberland, Mr. Smith, Mr. Maxwell, Lieuten'- 
Grant, & to his Excellency Major General Gage, pursuant to the 
advice of the Council on the 25th Instant, are respectively as fol- 
low, vizt. : 

A Letter from the Governor to Justice Smith, at Conegoclieague. 

Philad*' 27th June, 1765. 
" Sir : 

" I am to inform you that you have been lately charged with hav- 
ing encouraged and protected the rioters in Cumberland County, in 
their illegal and disorderly proceedings, and that you have suffered 
your House to be made their place of Rendezvous ; This was com- 
plained of by Lieutenant Gi'ant & Justice Maxwell to Lieutenant 
Col*' Reid, who communicated the same to General Gage ; and his 
Excellency has represented the matter to me, & sent me extracts 
of the Colonel's Letters, Copies of which I have sent inclosed in 
a Letter this day wrote to the Magistrates of Cumberland upon the 
Subject, and 1 desire to refer you more particularly to them for the 
Complaint made of your Conduct. As it is necessary for your own 
honour and my satisfaction, that you should clear up the matter if 
it can be done, I do require you to appear before me at Philadel- 
phia, on Tuesday the 30 day of July next, to answer these new 
Charges ; on which Occasion I have, also, required Justice Maxwell 
to be here. 

" I am, Sir, 

" Your most Obed'- humble Servant, 

" JOHN PENN. 

" William Smith, Esq'" 



PROVINCIAL COUNCIL. 273 

•A Letter from the Gov'r to Justice 3IaxioeIl, at Conegocheague. 

" Philad^' 27th June, 1765. 

" I find by Letters which Gen. Gage has lately received from 
Lieut. Colonel Reid, that among other matters relating to the 
riotous proceedings of the Inhabitants of Cumberland, Justice 
Smith is charged with having countenanced and pi'otected those 
people in their illegal practices, k, particularly that you have in- 
formed the Col. that the common place of their Rendezvous is at 
Justice Smith's, and that you believe he encourages them. These 
fresh heavy Charges against Mr. Smith render it necessary for me 
to make a strict enquiry into his Conduct, for which purpose I have 
required him to be at Philadelphia, to answer them before me, on 
Tuesday the .30 July next, at which time I desire you will also 
attend here, with any Witnesses or Proofs you may have relating to 
Mr. Smith's behaviour, to make good your suspicions. 

"I am. Sir, Your most Obed'- h'ble Servant, 

"JOHN PENN. 

" James Maxwell, Esq'" 



A Letter from the Governor to the Justices of Cumherland County. 

" Philadelphia, 27th June, 17t35. 
" Gentlemen : 

" I have lately received a Letter from his Excellency Gen'- Gage, 
complaining much of the riotous conduct of the Inhabitants of Cumber- 
land; that they daily appear in Arms, and seem to be in a State of Re- 
bellion; that they are supported in their proceedings by some of the 
Magistrates, & particularly by Justice Smith; that the King's troops 
are fired upon, and his Forts threatned with assaults by Men in Arms, 
headed by Magistrates, who refuse the ordinary Course of Justice 
demanded of them by the Officers ; And that unless these Insur- 
rections are immediately quell'd, and the Authors and Abettors of 
them brought to punishment, it is impossible to say where they will 
end, or what may be the consequences. As a foundation for these 
charges, the General has transmitted to me Extracts of two Letters 
from Lieut. Col. Reid, with a Copy of an Advertisement which was 
found fixed up near Fort Loudon. I herewith send you Copies of 
those Extracts, as far as relate to the Rioters, since my Journey to 
Carlisle, and I do require you forthwith to obtain a full and true 
state of those several matters, & to procure the names of the per- 
sons concerned therein, supported by Affidavits, more particularly 
as to the aflPair of making Lieut. Grant a Prisoner, and transmit the 
same to me. I hope my late Proclamation will have a good Effect 
in causing these Violences and Outrages to subside, yet I think it 
vol . IX. — 18. 



274 MINUTES OF THE 

Becessary at this time to acquaint you in a more particular manner 
that it is ray express Commands to each & all of you, that you be 
constantly diligent & active in exerting all your power, influence, & 
endeavours, to quell and suppress the first appearances of any riots 
& disorders in the County, to preserve the publick peace, & to bring 
the Offenders to Justice. 

"If I find the same turbulent & unruly Spirit still continues 
which has actuated the people of your County for several Months 
past, I shall be under the disagreeable necessity of applying, in the 
last resort, to the General for the assistance of his Majesty's Troops, 
which he is ready to furnish me with to enforce my Orders, & a 
due Obedience to the Laws. 

"I am, Gentlemen, 

" Your most Obed'- h'ble Serv'- 
"JOHN PENN. 

'<To John Armstrong, Esq'' & his Associates, Justices of the 
Peace for the County of Cumberland." 



^ .^ Letter fiom tlie Governor to Lieutenant Grant. 

" Philadelphia, 27th June, 1765. 
"Sir: 

" I am informed by Gen'' Gage that he has received Letters from 
Lieut'- Col. Reid, informing him of your having received many in- 
sults from a set of riotous People near your Post, & particularly 
that on the 28 of last Month, as you was taking the air on Horse- 
back, you was surrounded by five of the Piioters, fired at, taken 
Prisoner, & carried into the Woods, & there obliged by their threats 
to give a Bond of £40 to deliver them up their Arms you had in 
possession. As it is necessary for me to be fully and particularly 
acquainted with these Facts, to enable me to take the proper steps 
to bring the OflPenders to Justice, I desire you will furnish me with 
a true and exact State of this affair, and the names of the persons 
who have been guilty of those Outrages; but this must be done 
upon Oath, before some Justice of the Peace, who is to transmit 
the Deposition to me. 

" If, at the same time, it is in your Power to prove any Charges 

you have made against Justice Smith, or any of the other Justices, 

with having encouraged the rioters, or Countenanced them in their 

ilawless proceedings, they should be made to appear also, upon Oath. 

" I am, Sir, 

"Your Most Obed*- humble Serv'- 

"JOHN PENN. 

« To Lieut. Grant, Command^- at Fort Loudon." 



PROVINCIAL COUNCIL. £75 

A Letter from the Governor to General Gage. 

"Philadelphia, 28th June, 1765. 
" Sir : 

" Lnst Week I was honoured with your Excellency's Letter of 
the 16 Inst'-' inclosing extracts of two Letters from Lieut'- Col. Reid, 
concerning the Rioters Conduct of some of the Inhabitants of 
Cumberland County. In the detail the Col. has given you, he 
begins the aifair of the Destruction of the Goods at Sideling Hill, 
in March last, about which I wrote you at the time, and mentioned 
my intention of going to Carlisle, in order to get more certain In- 
telligence about that matter, & to take the proper Steps to bring the 
Offenders to Justice. This affair was an object of much concern 
to me, and I was extremely anxious to make a discovery of the Of- 
fenders, that an effectual stop might be put to any practices of the 
like sort for the future. I accordingly made a Journey to Carlisle, & 
took with me the Attorney General and two other Members of 
Council. On my Arrival there I immediately sent for Capt°- Cal- 
iender, one of the Owners of the Goods that were destroyed, to give 
me all the Information he could of the persons he suspected were 
principally concerned in the outrage, and to furnish me with all 
the names of y** Witnesses who could be supposed to know anything 
of the matter ; altho' I could not gain certain proofs of the persons 
who committed the Fact, I caused Warrants to be instantly issued 
for such as wtre suspected, and the Sheriff was dispatched to exe- 
cute them, being authorized to collect the power of the County to 
his aid, and instructed to desire the assistance of the King's troops 
at Fort Louden, if he should find it necessary. This Step, how- 
ever, proved ineffectual ; the suspected persons had all absconded 
before he arrived in the part of the County where they lived, so 
that not one was apprehended. In the mean time the Witnesses 
were sent for & examined on Oath, and I herewith send you Copies 
of several of the Depositions, by which you will perceive what part 
Justice Smith, who is charged to have encouraged the Rioters, ap- 
pear to have acted upon that occasion. All the Witnesses who 
were examined, as well as a number of others who were then ab- 
sentjWere, by my orders, bound over to give Evidence at the next 
Court, and Bills of Indictment were accordingly presented to the 
Grand Jury, but tho' all the Witnesses appeared and were exam- 
ined by the Jury, 'it seems they were of Opinion that there was 
not sufficient Testimony to convict a single Person charged, and 
the Bills were returned ignoramus. 

" Thus I have the satisfaction to acquaint you, that in a regular 
Course of Justice, I have done everything on this occasion that 
could be done consistent w"" Law. Indeed, if the Assembly had 
paid any regard to my recommendation some time ago, and framed 
a proper Militia Law, all the late Mischief and disturbance might 
have been prevented, such a Law being absolutely necessary to aid 



276 MINUTES OF THE 

the civil powers, and indeed the only natural defence and Support 
of Government. 

" With regard to the late disturbances mentioned by Col. Reid, 
and which you have recommended to my Notice, I shall take all 
possible means to come at the truth of them in a legal and regular 
way, most of thera having been communicated to me as bare re- 
ports. I did, however, in consequence thereof, in my late Procla- 
mation, repeat my injunctions and strict Commands to the Magis- 
trates, Sheriffs, and other Officers, to use their utmost endeavours 
to suppress all Riots and disorderly proceedings among the people, 
and I am in hopes, now, that the Indian Trade is everywhere opened, 
and all persons in this Province who carry up Groods for that pur- 
pose, will have Licences from me, & all these disturbances will be 
at an end. 

'' I have this day wrote in a more particular manner to the Ma- 
gistrates of Cumberland, charging them with my express commands 
that they be constantly active and diligent in exerting their power 
and influence to quell all appearances of Insurrections and disor- 
ders in that County ; and that they do forthwith obtain a full and 
true State of the late Outrages, more particularly as to the insult 
on the King's Forts, and making Lieutenant Grant a prisoner, and 
to procure the names of the persons concerned therein, supported 
by affidavits & to transmit the same to me. I have also wrote to 
Justice Smith, informing him of the new Charges against him, and 
required him to appear before me at Philadelphia to answer thera. 
Justice Maxwell is ordered down as a Witness to support them. I 
have likewise dispatched a Letter to Lieut Grant, desiring him to 
furnish me with Depositions relating to the affair of the ill usage he 
received, his being made a prisoner, and the names of the Offen- 
ders, if any of thera are known to him, and also to send me any 
Affidavits that can be obtained in proof of the Charges against Jus- 
tice Smith or any of the other Magistrates, & you may be assured 
that every thing shall be done on the occasion that the Law will 
justify or the honour and dignity of the Government demand. 

" The Advertisement you did me the honour to inclose me is a 
very extraordinary one. The insinuations in it, that the Conduct 
of those lawless people is countenanced & abetted by me, are Vil- 
lanously false & scandalous, and most injurious to my Reputation- 
I shall spare no pains in detecting the Authors of it, but I cannot 
help suspecting that it takes its rise from a party in this province, 
who have been indefatigable in their endeavours to malign and tra- 
duce me on all occasions. 

" I am much obliged to you for your offers of assistance to me 
in the support of Government & to enforce an obedience to the 
Laws. You may be well assured that if I gain information & proof 
of the persons who have been concerned in these Outrages, particu- 
larly the insults offered to the King's Forts & the abuse of the 
Officers & Soldiers, I shall immediately order them to be appre- 



PROVINCIAL COUNCIL. 277 

hended & made Examples of, & if ia the ;p;secution of this Busi- 
ness, the assistance of the regular Troops shall be found necessary, 
I shall take the liberty of applying to you to furnish me with a 
Detatchmeat on the occasion. 

" I am with great regard 

*' Sir, your most Obed'- h'ble servant, 
"JOHN PBNN. 
" To his Excellency 
The Honble Thomas Gage." 



MEMORANDUM. 

The Governor received a Letter from Sir "William Johnson, dated 
at Johns tn Hall, 7th June, 17G5, inclosing a Copy of his late 
Treaty of Peace with the Delaware Nation of Indians, which was 
ordered to be entered in the Council Books, and follows in these 
words, viz'- : 

Treaty of Peace vnih the Delaware Nation, entered into hij their 
deputies, before Sir William Johnson, Baronet, his Majestj/'s sole 
Agent and Superintend ant of Indian Affairs in the Northern 
Department of North America, &ca., &ca., cix'a. 

"Article 1st. 

" That in Consideration of the Delawares' sincere promises of 
future good behaviour, of their having delivered up to Col. Boquet 
a large number of English, who were their prisoners, and of their 
ChearfuUy, according to the subsequent Articles, & faithfully ob- 
serving them forever hereafter. His Majesty is graciously pleased to 
pardon what hath passed, and they shall be once more received 
into the Covenant Chain of Friendship with the English. 

"Article 2d. 

" That the Delawares of Susquehanna, who fled from their Habi- 
tations on the approach of the Parties of Indians & Rangers sent against 
them last year by Sir William Johnson, be comprized in this Treaty, 
and abide by every Article contained therein which can in any wise 
relate to them, in consequence of the Treaty entered into before 
him at Niagara last Summer with the Senecas, provided they bring 
in all the English Prisoners, Deserters, Frenchmen, & Negroes 
within Forty days, agreeable to the Engagements they have lately 
entered into, for the performance of which they have left two Chiefs 
Hostages, that then the Delawares that were taken prisoners last 
"Winter and remain at New York shall be discharged, but the rest, 
who were distributed among the several Nations, must remain where 
■they now are. 



278 MINUTES OF THE 

"Article 8d. 

"That the Delawares do immediately open the road of Peace 
throughout every part of their Country, giving free permission to 
all his Majesty's Troops, or other his Subjects, to pass through the 
same; that they likewise open the rivers, allotting a free and open 
Navigation for Boats, Canoes, or any other Craft, to all his Ma- 
jesty's Subjects forever hereafter; That they engage never more to 
Molest them, either by Land or by Water, or cause the same to be 
done by any other Nation or Tribe of Indians, but that they shall 
use all their Endeavours to prevent any such designs, & give the 
earliest Intelligence of them to the English, to whom they shall 
afford assistance if required. 

"Article 4th. 

"That the Delawares do, to the utmost of their power, imme- 
diately open the road to the Illinois, and use every possible en- 
deavour for obtaining the possession thereof, and securing the same 
to the English ; That in case Mr. Croghan, Deputy Agent for 
Indian Affairs, be not yet set out for the Illinois from Fort Pitt, 
they shall send proper persons to accompany & assist him, and 
those who go with him, to take possession of the Forts and Garri- 
sons in that Country, ceded by the French to the Crown of Eng- 
land. 

"Article 5th. 

"That they do forthwith use all possible means for bringing the 
Shawanese to a proper sense of their late conduct, to deliver up all 
the prisoners remaining in their hands without farther delay, & send 
Deputys to Sir William Johnson to treat about peace. 

"Article 6th. 

" That they deliver forthwith to the Commanding OflScer at Fort 
Pitt, those seven English yet among them, as also all Deserters, 
Frenchmen & Negroes, and engage never to screen, protect, or En- 
courage any such persons for the future, but should any such per- 
sons take refuge amongst them, they are to bring them without 
delay to the Officer Commanding at the next Garrison, or to the 
Commissary, when such is appointed, who will be empowered to 
reward them for their trouble. 

"Article 7th. 
" That they do promise & engage never to take revenge for any 
Act committed by Individuals of the British Nation, but to make 
due Complaint thereof to the next Commanding Officer or the Com- 
missary, when appointed, who will apply to the Government to 
whom the delinquent belongs, that he may be brought to Tryal, 
when they may expect to have strict Justice done them. And 
should any of the Delawares at any time hereafter, rob, murder, or 
otherwise misuse any of his Majesty's Subjects, as the Indians have 



PROVINCIAL COUNCIL. 279 

no establisk'd Laws for punisbing the Guilty, they are without Ex- 
cuse or delay, to bring such offenders to the nearest Garrison, from 
whence he will be sent to the next Province in order to take his 
Tryal, at which the Chiefs of the Delawares may be present, that 
they may see the Charges are fully proved against him, & be sen- 
sible of the Equity of the Brittish Laws. 

''Article 8th. 

'' That should any dispute or difference arise relative to Lands or 
otherwise, they are by no means to insult the Officers Commanding 
posts, or any other his Majesty's Subjects, who cannot be answera- 
ble for these matters, but they are to lay their Complaint before the 
Deputy Agent for that district, who will transmit the same to Sir 
William Johnson, that they may obtain Justice. 

''Article 9th. 

"That many of the Traders who were plundered & severely 
treated by the Delawares iu 17G3, having represented the great dis- 
tresses to which they are thereby reduced, and prayed relief. The 
Delawares are therefore to fall immediately on a method for making 
them some Restitution by a grant of Lands, provided his Majesty 
shall approve thereof & the Six Nations first give their approbation 
thereto. 

"'Article 10. 

" That whenever his Majesty shall be pleased to direct that Liiaits 
should be settled between his Subjects & the Indians, with their 
■consent. The Delawares engage to abide by whatever Limits ishall 
be agreed upon between the English and the Six Nation.^?, & shall 
never disturb his Majesty's Subjects upon that account. 

"Article 11th. 

" That a Trade shall be opened as soon as it conveniently may be 
with the Delawares, which Trade will be at the Principal Posts, and 
continue during the good Behaviour of that Nation ; that they do 
therefore in an especial manner protect the persons & propertys of 
the Traders who may be going to or returning from the posts, pro- 
mising never to take away their Horses, or otherwise impede their 
Journeys or molest them on any account ; but in case of Fraud they 
are to lay their Complaint before the Commanding Officer at the 
trading Post, until the appointment of Commissarys, who will then 
have the Inspection thereof. 

"Article 12th. 

" 7'lat the Delawares shall communicate the particulars of the 
peace they have made to all Nations with whom they have any in- 
tercourse ; that they shall enforce the observance thereof iu an 
■especial manner over their people ; and lastly, that they shall enter 



280 MINUTES OP THE 

into no Engagements with any Nation wbatsoever, without the knowl- 
edge of the Superintendant of Indian Afiairs, or those duly autho- 
rized by the King of Great Britain. 

''DANIEL CLAUSE, Esqf- 
"GUY JOHNSON, Esq^' 

" Dpf- agt^ for Ind"- AflPairs. 
"JOHN BUTLER, Justice. 
"DAVID OWENS, 

" Delaware Intepreter." 

" The foregoing articles beieg fully explained and assented to, I 
have, in Testimony whereof, set my band and Seal at Arms, at 
Johnson Hall, the 8th day of May, one thousand seven hundred 
and sixty-five. 

" W, J.. [L. S J" 

" We, the Deputys from the Delaware Nation, having had the fore- 
going articles duly explained to us, do agree to the same in 
every particular on behalf of all our Nation. In Testimony where- 
of, we have hereunto signed the marks of our Tribes^, and affixed our 
Seals, the day and Year above mentioned. 
"The mark of 

" KILLBUCK, 
X 
"Alias 
"BEMINCO.'^ 
"DAVID, 
X! 
or 
" DOCHSHEWEHMINT." 

"We, the Chief Sachem and Chief Warrior of the Delawares, and 
Munsies of Susquehanna, having heard the foregoing Articles duly 
explained to us, do agree to the same on behalf of all our people, 
as far as they relate to them. In Testimony whereof, we have 
hereunto signed the Marks of our Tribes, and affixed our Sealsy 
the day and Year above mentioned. 

"LONG COA.T, 
O 
"Alias 
"ANINDAMOOKY, 
"SQUAS CUTTER, 
^ "In Delaware. 

" YAGIIKAPOOSA, 

" In 6 Nations. 
" ONOSSARAQUETA." 

Note. — Tlie above signatures are accompanied with peculiar marks, or 
signs, indicative of some fancied trait of character, viz •; — a turt'e, a crab^ a 
boat, &c , &c. 



PROVINCIAL COUNCIL 281 

A Letter from General Gage to the Governor. 

"New York, July 5th, 17G5. 
" Sir : 

''I have been honoured with your Letter of the 28th Ult°' to- 
gether with the several Depositions concerning the destruction of 
the Goods on Sidling Hill in March last. The difficulty you lay under 
to bring the persons concerned in the attack upon the Convoy to 
punishment are very obvious, for its probable that many of the Jury 
who tried the people who were prosecuted for the Riot, were them- 
selves concerned in it, and the acquital of those people, no doubt, 
rendered them more bold & audacious afterwards. They have acted 
ever since without any reserve, and with as much Confidence as if their 
actions had been legal and warrantable, keeping regular Scouts & 
Guards upon the Roads. I herewith transmit you Copy's of passes 
given by Justice Smith & Lieut'- Smith. 

^Yith respect to the advertisement which you resent with so much 
Justice, it appears to have been the contrivance of some Leader of 
the Rioters in order to encourage them, and to endeavour to sanc- 
tify their proceedings by every means however false audacious : and 
I most sincerely wish you may be able to discover the author of so 
daring an Insult. I have the honour to be, with great regard. 
Sir, Your most Obedient hble. Servant, 
THO' GAGE. 
Hon"' Gov' Penn. 



At a Council held at Philad* on Wednesday the 31st July, 17G5. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &ca. 

Benjamin Chew, Lynford Lardner, \^ „ 

Richard Penn, 5 ^^^i 

The Board represented to the Governor that the Inhabitants of 
the Town of Lebanon in Lancaster County were put to great In- 
conveniencies for want of a Magistrate among them, there being 
none within Twenty Miles of that Town; and Mr. John Philip 
Dehaas being recommended as a proper person, the Governor issued 
a Special Commission appointing him a Justice of the Peace and of 
the County Court of Common Pleas for the County of Lancaster. 



282 MINUTES OF THE 



At a Council held at Philadelphia on Tuesday the 10th Sep- 
tember, 1765. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Grovernor, 
Aca. 

Benjamin Chew, Richard Penn, Esq"- 

Two Members of Assembly waited on the (xovernor this Morn- 
ing and acquainted him that the House met Yesterday pursuant to 
adjournment and desired to know if his Honour had any Business 
to lay before them, to which he made answer that he had nothing at 
present to recommend to the House, but if any thing should occur 
•during their sitting, he should communicate the same by a Message. 

The Governor laid before the Board the records of Conviction of 
three persons for murder, which being severally read, it appears by 
•one of the s^ Records, that at a Court of Oyer and Terminer and 
General Gaol delivery held at Lancaster, for the County of Lancas- 
ter, the 6th day of August last, before Alexander Stedman, Edward 
Shippen, & Isaac Sanders, Esquires, Justices of the said Court, 
assigned by special Commission, Michael Grissbach was tried and 
convicted of Felony & murder, committed on Mary Whitmer the 3d 
Septem'-' 1764, and had received sentence of Death for the same. 

By one other of the said records it appears, that at a Court of 
Oyer and' Terminer & General Gaol Delivery, held at York, for the 
County of York, on the 19 day of Aug'- last, before Alexander 
Stedman, Jn"- Blackbourn, & Samuel Johnston, Esq''-' Justices of the 
said Court, assigned by special Commission, Elizabeth Erwin was 
tried and convicted of Felony & murder, committed on her own 
Bastard Female Child, the 1st day of March last, & had received 
Sentence of death for the same. 

And by the other of the said records it appears, that at a Court 
of Oyer and Terminer and General Gaol delivery, held at Carlisle, 
for the County of Cumberland, on the 16 day of August last, before 
Alexander Stedman, John Armstrong, and James Galbreath, Esq"-- 
Justices of the said Court, assigned by special Commission, John 
Money was tried and convicted of Felony and murder, committed 
on Archibald Gray, the 8 of March last, & had received sentence of 
death for the same. 

The several Cases of the said Mich'- Grissbach, Elizabeth Er- 
win, and John Money, being considered, and neither of the Justices 
of the Courts of Oyer and Terminer afs**-' having reported to the 
Oovernor any Circumstances in f-ivour of either of them. The Gov- 
ernor accordingly signed three separate Warrants; one for the Exe- 
cutioQ of Mich'- Grissbach, at Lancaster, on the 24th day of Sep- 
tember inst'-' another for the Execution of Jane Erwin, at York, on 
the 26 of the same month ; and the other for John Money's Execu- 
tion at Carlisle, on the 28th of the same month. 



PROVINCIAL COUNCIL. 283 

September the 14th, 1765. 

The Governor taking into Consideration that the Accounts of the 
Garrison of Fort Augusta, which were settled by his Order, and 
certified by Col°- Francis, in June last, still remained unpaid, sent 
a written Message to the Assembly by the Secretary, in the follow- 
ing words, viz'-: 

A Message from the Governor to the AssemUy. 

" Gentlemen : 

" Immediately on my receiving certain Intelligence that the In- 
dians had ratified their Engagements made last Fall with Brigadier 
General Bouquet, I gave orders that Fort Augusta should be evac- 
uated, & Commissioned Col. Francis to settle the accounts of that 
Garrison, and certify how much was due to each man, which has 
accordingly been done. I now lay before you those accounts & cer- 
tificates, amounting in the whole, to the Sum of £437 9 6 ; and as 
the Public Funds appropriated for the subsistance and pay of the 
King's Troops have been long since exhausted, I recommend it to 
you to consider and provide ways and means for the speedy dis- 
charge of the Arrears which appear to be due on the above account. 

''JOHN PENN. 

" September 14th, 1765." 



At a Council held at Philadelphia, on Tuesday the 18th Septem'- 
17G5. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
«&ca. 

Benjamin Chew, Richard Penn, Esq"' 

Tlie Governor laid before the Board the four following Bills, 
which the Assembly had sent up for his Concurrence, & are enti- 
tuled as follow, viz'-; 

'' An Act for the more easy recovery of Legacies." 

" An Act to enable the Inhabitants of the Borough of Lancaster, 
in the County of Lancaster, to raise money on themselves for sup- 
porting a Nightly Watch in the said Borough, & for other purposes 
therein mentioned." 

" An Act to explain and amend a Supplement to the Act enti- 
tuled ' An Act for the relief of Insolvent debtors within the Pro- 
vince of Pennsylv^' " 

"An Act to enable the Commissioners herein after named to settle 
the accounts of the managers, & to sue for and recover from several 
persons such sums of money as are now due and unpaid on account 



284 MINUTES OF THE 

of a Lottery set up and drawn, for erecting a Bridge over Skippack 
Creek, in the County of Philadelphia, & to receive the Voluntary 
Donations and Subscriptions of the Inhabitants towards the better 
perfecting the said Bridge." 

Which Bills were severally read and considered, and a few Amend- 
ments being made to the two first, the Governor directed the 
Secretary to return them to the House, with the same & the two 
last mentioned, with a Verbal Message that he agreed to them. 



Friday, 20th September, 1765. 

Two Members of Assembly waited on the Governor with the fol- 
lowing Message in answer to his Honour's Message of the 14th 
Instant, and acquainted him that the House had agreed to the 
Amendments made to the two Bills; that those, as well as the others, 
being engrossed, desired he would be pleased to appoint a time for 
passing them, and send some Members of Council to join in com- 
paring the engrossed Bills with their Originals. 

The Governor acquainted them that he would be in the Council 
Chamber at half an hour after five this afternoon, in order to pass 
the Bills, and would, in the mean time, appoint one of bis Council 
and the Secretary to collate them. 

Ji Me&mge to the Governor from the Assevihli/. 

'^ May it please your Honour: 

" The House having taken into Consideration your Message of the 
14th Instant, acquainting them that you had ordered Fort Augusta 
to be evacuated, & that there now remains due to the several Ofltt- 
cers and Soldiers, lately in Garrison there, the sum of £ 437 9 6, 
and recommended to this House to provide ways and means for the 
speedy discharge thereof; but as the present meeting of the General 
Assembly is principally intended for the settlement of the public 
Accounts & the Session so far advanced, that sufficient time cannot 
be afforded to take this, with other demands, into due Consideration, 
& provide a suitable Fund for the discharge thereof, the House have 
therefore determined to recommend the same to the succeeding 
Assembly. 

" Signed by order of the House, 

''JOS. FFOX, Speaker. 

« Septem'- £Oth, 1765." 



Council Chamber, 5 J o'Clock, P. M. 

The several engrossed Bills being compared with their Originals 
& found to agree, the Governor sent the Secretary to the House 



PROVINCIAL COUNCIL. 285 

with a Message requiring their attendance. The whole House at- 
tending accordingly, the Speaker presented to the Governor the four 
Bills which had been agreed to, entituled 

"An Act for the more easy recovery of Legacies." 

"An Act to enable the Inhabitants of the Borough of Lancaster, 
in the County of Lancaster, to raise Money on themselves for sup- 
porting a Nightly Watch in the said Borough, & for other purposes 
therein mentioned." ® 

"An Act to explain and amend a supplement to the act entituled 
'An Act for the relief of Insolvent Debtors within the Province of 
Pennsylvania.' " 

" An Act to enable the Commissioners hereinafter named to set- 
tle the Accounts of the Managers, and to sue for and recover from 
several Persons such sums of Money as are now due and unpaid on 
account of a Lottery set up & drawn for erecting a Bridge over 
Skippack Creek, in the County of Philadelphia, & to receive the 
Voluntary Donations & Subscriptions of the Inhabitants towards 
the better perfecting the said Bridge." 

"Which the Governor was pleased to enact into Laws, and signed 
a Warrant for affixing the Great Seal thereto; & they were ordered 
to be deposited in the Rolls Office. 

The Speaker then presented the Governor a Certificate for Five 
hundred Pounds, for which he returned thanks to the House. 



At a Council held at Philad"- on Friday y" 4th Oct'- 1765. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gov- 
ernor, &,ca. 



Benjamin Chew, \ -p „ 
Ricliard Penn, j ^^^ ' 



The Governor laid before the Board the Returns of Sheriffs & 
Coroners for the Counties of Chester, Bucks, Berks, Northampton, 
Lancaster, York, & New Castle, which being read and considered, the 
following Persons were appointed, and Commissions were issued 
accordingly, viz*' : 

Philip Ford, Sheriff, 

Abel Janney, Coroner, 

William Buckman, Sheriff, 

William Doyle, Coroner, 

Jasper Scull, Sheriff, 

Samuel Weiser, Coroner, 

Peter Kcchlein, Sheriff, ) .. ,, , ,„ 

David Berringer, Coroner, | Northampton d 

John Barr, Sheriff, } ^ ,^ 

Mathias Slough, Coroner, 5 ^'^^^aster d 



:\ 



Chester 


County, 


Bucks 


d"- 


Berks 


d» 



286 



MINUTES OF THE 



David M'^Conaghy, 
James Walker, 
Thomas Duff, 
James Walker, 



Sheriff, 
Coroner 
Sheriff, 
Coroner 



.1 
,1 



York 



County. 



New Castle d* 



5th October, 176^. 

The returns of Sheriffs for the Counties of Cumberland, Kent, 
and Sussex, being this day made to the Governor, the following 
Persons were appointed and Commissionatcd, viz'-: 
John Holmes, Sheriff, 

James Jack, Coroner, 

Rhoads Shankland, Sheriff, 

Nathan Young, Coroner, 

Thomas Collins, Sheriff, 

John Gray, Coroner, 



Cumberland County. 
Sussex d"' 



Kent 



7th October, 1765. 

The Return of Sheriffs and Coroners being now made for the 
City and County of Philadelphia, the Governor appointed and com- 
missionated William Parr, Sheriff, and Caleb Cash, Coroner, for the 
said City and County. 



Friday, 11th October. 

The Governor ordered the Council to be summoned to meet this 
forenoon, but none of the Members attending, his Honour was 
pleased to take into Consideration the case of Henry Halbert, who 
was lately convicted of Felony & Murder. It appears by a tran- 
script of the Record of his Conviction, that at a Court of Oyer and 
Terminer, held at Philadelphia, for the County of Philadelphia, oa 
the 25th & 26th days of Septem''- last, before William Allen, Wil- 
liam Coleman, & Alexander Stedman, Esq"'' Justices of the Su- 
preme Court, &ca., the said Henry Halbert was tried & convicted 
of Felony & Murder, committed on Jacob Woolman, the 30th day 
of August last, & had received Sentence of death for the same. But 
neither the Justices of the Court nor the Attorney General having 
represented any thing in favour of the said Henry Halbert, the 
Governor was of Opinion that the Sentence of the Court ought to 
be executed, and accordingly signed a Warrant for his Execution 
on Saturday the 19th of October, iust' 



PROVINCIAL COUNCIL. 287 



In the Council Chamber, Philad'- Tuesday, 15th Oct'- 1765. 

PRESENT : 

The Honourable JOHN PENN, Esq'' Lieutenant Grovernor^ 
&ca. 

Richard Penn, Esq'' 

Eight members of Assembly waited on the Governor last Night, 
and acquainted him that pursuant to the Charter and Laws of tliis 
Province, a Quorum of the Representatives had met, & having pro- 
ceeded to chuse their Speaker, desired to know when he would be 
pleased to receive the House, that he might be presented for his 
Honour's approbation. The Governor having appointed this day 
at 12 o'clock for that purpose, acquainted the House, by the Sec- 
retary, that he attended his appointment in the Council Chamber, 
& was ready to receive the House, with their Speaker. The whole 
House accordingly came Up, and presented Joseph Fox, Esq'- as 
their Speaker, who, after receiving the Governor's Approbation, 
claimed the usual privileges in the name and behalf of the House, 
viz'-: 

" 1st. That the better to discharge the Business of the Publick, 
they may, at all seasonable times, have free access to the Governor. 

"2dly. That their persons may be protected from all arrests and 
Insults during the time of Privilege accustomed. 

" 3dly. That it may please the Governor to take no Notice of 
any Report that may be made touching any matter or thing that 
may be moved or debated in the House, until the same shall have 
passed into Resolves, nor give the least Credit to such report. 

" 4thly. That his own (the Speaker's) unwilling mistakes may be 
excused, & not imputed to the House." 

These being requested by the Speaker as the rights and privi- 
leges of the Freemen of Pennsylvania, derived and confirmed to 
them by the Charter & Laws, of the Province, the Governor was 
pleased to make answer that he looked upon them to be essen- 
tial in a Representative Body, & the House might depend on his 
care in protecting them therein. 



Friday, 18th October, 1765. 

At 10 o'clock this Morning the Clerk of the Assembly sent 
to the Provincial Secretary a Resolve, made Yesterday by the 
House, which follows in these Words, viz' : 

"In Assembly. 
' ^Pennsi/Ivan ia, ss : 

■'* By a Resolve of this Assembly on the 17th of this instant, 1 
am impowered and directed to order the Provincial Secretary that 



288 MINUTES OF THE 

he do issue a Writ to the, Sheriff of the County of Philadelphia 
for the Election of a Member, to serve as a representative in this 
Assembly for the City of Philadelphia, two of the Candidates at 
the last election of Burgesses, viz'-: James Pemberton, and George 
Bryan, Gentlemen, being returned to this House by the Judges 
of said Election exactly equal in the number of Votes for them 
respectively given by the Freeholders and Inhabitants of the said 
City. 

"Therefore, by virtue of the said Resolve, I do require that a 
Writ be issued to the Sheriff of the said County for the purpose 
aforesaid, Dated at Philadelphia, .the 17th day of October, Anno 
Domini, 1765. 

" JOS. FFOX, Speaker. 



Saturday, 19th October, 1765, A. M. ' 

The Secretary having communicated to the Governor the above 
Resolve of the House, the following Writ to the Sheriff was issued 
this morning by his Honour's directions, viz' : 

"5y the Honourable JO UN PENJSf, Esquire, Lieutenant Gover- 
nor, & Commander-iii-Chief of the Frovince of Pennsylvania, 
and Counties of Newcastle, Kent, and Sussex, on Delaware. 

'' [7/. *S.3 To William Parr, Sheriff of the City and County of 
Philadelphia, Esquire, Greeting: 

" Whereas, James Pemberton and George Bryan, two of the 
Candidates at the last Election of Burgesses for the City of Phila- 
delphia, were returned to mo, as well as to the Assembly of the said 
Province, by the Judges of the said Election, exactly equal in the 
number of Votes for them respectively given by the Freeholders 
and Inhabitants of the said City; And the speaker of the said As- 
sembly, by virtue of a Resolve of the House, on the 17th of this 
instant, hath therefore directed his Order to the Provincial Secre- 
tary, requiring that a Writ be issued to the Sheriff of the said 
County of Philadelphia feir the Election of a Member to serve as a 
Representative in Assembly for the said City. You are therefore 
hereby strictly charged and commanded, within five days after the 
receipt of this Writ, to proceed to the Election of a Freeholder 
of your City and County, of most Note for Virtue, Wisdom, & 
Ability, to serve as a representative in Assembly for the said City 
of Philadelphia for the ensuing Year, giving at least two days' pub- 
lic notice, in Writing, of the time and place of holding such Elec- 
tion, according to the direction of the Laws of this Province, in 



PROVINCIAL COUNCIL. 289 

suet case made and provided, and make return thereof to me, 
together with this Writ. 

"Given under ray hand & the Lesser Seal of the said Province, at 
Philadelphia, this nineteenth day of October, in the fifth Year of 
his Majesty's Keign, and in the Year of our Lord, one thousand 
seven hundred & sixty-five. 

"JOHN PENN. 
"By His Honour's Command, 

"Joseph Shippen, J''' Secretary" 



New Castle, Monday lUi October, 1765, P. M. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c. 

Richard Ponn, Esq'' 

Three Members of Assembly of the Government of the Lower 
Counties waited on the Governor with a Message from the House, 
that they had met pursuaot to the Laws and character of this 
Government, had proceeded to chuse their Speaker, and desired to 
know when and where they might present him for his Honour's ap- 
probation. The Governor acquainted them that he should be ready 
to receive the House to-Morrow Morning at ten o' Clock. 



Tuesday 10 o'clock, A. M. 

The House attended the Governor at his Lodgings, and presented 
Jacob KoUock, Esq'' as their Speaker, who being approved by His 
Honour, claimed the usual rights & priveleges of the House, which 
were allowed, & then they withdrew. 



New Castle, Saturday, 26th October, 1765, P. M. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

Richard Penn, Esquire. 
Three Members waited on the Governor with a verbal Message 
from the House, that they inclined to adjourn to the 26th of 
May next, if his Honour had no objection thereto, and begged to 
known when it would be agreeable that the House should wait upon 
him to pay their Compliments j To which the Governor answered 

VOL. IX. — 19. 



290 MINUTES OF THE 

that he was well satisfied with their proposed adjoui'nment, & should 
be ready to receive the House immediately. The House attending 
at the Governor's Lodgings, the Speaker addressed himself to the 
Governor & acquainted him, that as the Circumstances of the pre- 
sent times might make it necessary for the House to meet again in 
the Spring, they had concluded to adjourn till the 26th of May, to 
which time they should postpone the matters now before them ; and 
as they should then immediately proceed on their Business, they 
did not desire the Governor would give himself the trouble of at- 
tending at New Castle on that day, but at any other time after- 
wards, when it might be more convenient to him to come, in order 
to finish the public Business. He at the same time thanked the 
Governor in the name of the House, for his ready & punctual at- 
tendance on the Business of this Government, and presented him with 
Orders on the Trustees of the Loan Office for £200, for which His 
Honour returned the House thanks, & said he should at all times 
think it his Duty regularly to attend the publick Business of the 
Government. 



At a Council held at Philadelphia, on Friday 10th January, 
1766. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

Kichard Peters, Lynford Lardner, | j; jj.gg 

Benjamin Chew, Richard Penn, j H 

The Governor laid before the Board a Letter from His Excel- 
lency, General Murray, Governor of Quebec, inclosing an Exem- 
plified Report of the loss sustained at Montreal, by a Fire, in May 
last, amounting to £87,580 8, 10 j, Sterling, & applying to this 
Government for some relief to the unhappy Sufi'erers. The said 
Letter was read and follows in these words, viz'-: 

A Letter to the Governor f rami his Excellency General Murray. 

" Quebec, 29th Juno, 1765. 
"Sir: 

<^ I make no doubt that your Excellency must have heard, some 
time since, of the Melancholy accident that happen'd by Fire on 
the 18th day of May last,to the poor people of Montreal, in this Gov- 
ernment. On the news reaching this place, the Governor and Coun- 
cil assembled to consider what was most proper to be done for the 
immediate relief of the unhappy Sufi'erers ; & thereupon it was re- 
solved that two Members of the Council should go to Montreal, as 
Commissioners to enquire into the Event of this dreadful Calamity, 



PROVINCIAL COUNCIL. 29l' 

and to apply thereto such assistance as to them should seem fitting, 
and also to procure every necessary Information, in order to make 
a true Report of the real loss sustained by the Inhabitants ; Which 
the head of every Family has attested upon Oath, amounting in 
the whole to £116,773, 18, 6, Current Money of this Province, 
or £87,580 8, lOJ, Sterling, Copy whereof accompanies this under 
the Broad Seal of the Province & My Signature thereto. 

" It would be needless. Sir, to say any thing upon this Occasion 
to induce your Excellency and your Council to exert your Influ- 
ences and good Offices in so laudable a Work, as that of the pre- 
vailing with the affluent in your province, to contribute their mite 
to the relief of the Miserable Sufferers, who having lost almost all 
they were worth before, by the ravages of War and the non-pay- 
ment of their paper Money, there remained nothing to compleat 
their wretchedness but this unhappy accident. I cannot omit on 
this Occasion applauding in the Strongest manner the behaviour of 
his Majesty's new Subjects in this Province ; a seasonable relief at 
this time must rivet their Affections to the 13ritish Government, & 
silence those among them who would insinuate that the Professors 
of our Religion do not possess the Christian Virtue to an Eminent 
Degree. 

" I have the honour to be, with great truth & Regard, Sir, 
" Your most obedient and most Faithful humble Servant, 

'<JA. MUP.RAY. 

" To His Excellency, the Governor of the Province of Pennsyl- 
vania." 



The Council taking the matter of the foregoing Letter into Con- 
sideration, advis'd the Governor to recommend the same to the 
Assembly by a Message, which was drawn at the Table, and follows 
in these words, viz'-. 

A Message from the Governor to the Assembly. 

" Gentlemen : 

'* I sometime ago received a Letter from his Excellency General 
Murray, Governor of Quebeck, informing me of the melancholy 
accident that happen'd by Fire on the 18th of May last, to the poor 
people of Montreal, with an Estimate of their whole Loss, amounting 
to £87,580 8, IO5 Sterling, both which the Secretary will lay be- 
fore. The case of the unhappy persons who have suffer'd so greatly 
by this misfortune, is truly affecting. I do, therefore, most heartily 
recommend them to you as proper Objects of your Benevolence & 
Charity, and have not the least reason to doubt but you will Con- 
tribute to the utmost of your Abilities towards their relief. 

"JOHN PENN. 

" January 10th, 1766." 



292 MINUTES OF THE 

A Bill entituled "An act to repeal the Act entitled 'An Act to- 
enable the Inhabitants of the Borough of Lancaster, in the County 
of Lancaster, to raise Money on themselves for supporting a night- 
ly Watch in the said Borough, and for other purposes therein 
mentioned,' " being sent up for the Governor's Concurrence, was 
read and ordered to be retunied to the House of Assembly with a 
message by the Secretary, that his Honour agreed to it. 

The Governor issued a special Commission appointing Alexander 
Stedman, Edward Shippen, & Isaac Saunders, Esquires, Justices of 
the Court of Oyer & Terminer and General Gaol delivery, for the 
County of Lancasfer. 

The Governor having sometime since received a Letter from his 
Excellency Major General Gage, dated the 13th last month, inclos- 
ing Sundry Letters and other papers, relative to the conduct of the 
Rioters ia Cumberland County, laid the same before the Council, 
which was read, & the Letter from the General was ordered to be 
entered, and is as follows, viz'- : 

A Letter to the Governor fro7)i General Gage. 

"New York, 13th Decem'- 1765. 
" Sir : 

" Some papers, relative to the former riots committed on the 
Frontiers of Pennsylvania, were put into my hands sometime ago, 
tho' the little prospect there appear'd to be of bringing the Offen- 
ders to Justice, made me not trouble you with them at that time ; 
But the extraordinary Outrages and lawless proceedings committed 
again lately by the people near Fort Loudon, obliges me not only to 
trouble you with the above papers, to set the former affair iti its 
true Light, but also to transmit you the accounts which I have re- 
ceiv'd of the late infamous transactions of one of the same Soun- 
drels, called Smith, and his rebel Clan, who was before complained 
of. If any shadow of Law or Justice remains in Pennsylvania, I 
am confident that you will leave no method untried to bring these 
lawless Villains to condign punishment. I have not heard that any 
man has been killed, & it may, therefore, be better that the Officer 
prevented his men from Firing, but if he had returned the Fire of 
those Ruffians and killed as many as he was able, I conceive he 
would have acted consistent with the laws of his own & of every 
other civilized Country. 

" I have the honour to be, with great Regard, Sir, 
"Your most Obed't. h'ble Servant. 

"THO-^ GAGE. 

" Hon'ble Lieut'- Gov'- Penn." 

The sundry Letters and Papers having been taken into due Con- 
sideration, the Board were of opinion that William Smith, Esq'-' one 
of the Justices of the Peace for the County of Cumberland, has, in 



PROVINCIAL COUNCIL. 293 

tbe course of the Transactions of the Rioters there, been very ne- 
gligent in his duty in not using his best endeavours to put a stop 
to their illegal Proceedings ; but on the contrary, in favouring and 
countenancing them in a manner tending to reflect great dishonour 
on the Government. The Council, therefore, advised the Governor 
to issue a Supersedeas to remove the said William Smith from the 
Magistracy, and also, to desire the Chief Justice to send a Writ, 
directed to the Sheriff of Cumberland, for apprehending Jamea 
Smith, one of the Principals & Ringleaders of the Rioters in the 
said County. 



Jan''- 15 th. 
MEMORANDUM. 

The Governor, agreeable to the advice of the Council on the 10th 
Inst'-' issued a Supersideas for William Smith, Esq"- 



Friday, 31st January, 1766. 

Mr. Willicg, a Member of Assembly, waited on the Governor, 
and informed him that the House were preparing a Bill for the re- 
gulation of Pilots plying in the River Delaware, in which it would 
be necessary to appoint seven Persons to officiate as Wardens of the 
Port of Philadelphia, & that the House had directed him to confer 
with the Governor about the Proper Men to fill the said Offices. 
Whereupon, the Governor agreed that Able James, Robert Morris, 
John Nixon, Peter Reeve, Oswald Eve, Michael Hulings, <t Tho- 
mas Penrose, should be the Persons inserted in the Bill for that 
purpose. 



At a Council held at Philadelphia, on Monday the 3d Feb- 
ruary, 1766. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 



Esq"^ 



Benjamin Shoemaker, Benjamin Chew, 

Richard Penn, 

The Governor laid before the Board five Bills, which the Assem- 
bly had sent up for his honour's concurrence, entituled as follow, 
viz'-: 

" An act for the better employment, relief, & support of the Poor 
within the City of Philadelphia, the district of Southwark, the 
Townships of Moyamensink & Passyunk, & the Northern Liberties." 



294 MINUTES OF THE 

" An act to prolong the time limited for drawing the Lottery in- 
stituted and directed to be drawn in and by Virtue of an act enti- 
tuled ' an Act for raising by way of Lottery, the Sum of £3,003 15, 
to be applied to the Payment of the Arrears of debt due for the 
finishing of St. Peter's and St. Paul's episcopal Churches, in the 
City of Philadelphia, and for appointing a manager in the room of 
Henry Harrison, Esquire, deceas'*' " 

" A Supplement to the Act entituled ' an Act for regulating and 
continuing the Nightly Watch, and enlightening the Streets, Lanes 
and Alleys of the City of Philadelphia, &ca.' " 

" An Act to prevent cutting or damaging the ropes used by the 
Ferrymen on Shuylkill or elsewhere within this Province." 

" An Act to prevent the destruction of small Fish, and the ta- 
king of Oysters, and the bringing them into this Province out of 
Season." 

Which Bills were severally read and considered, & some Amend- 
ments being made to the first, the Secretary was directed to return 
it to y° House with the same, & also the other four, with a verbal 
Message that his Honour agreed to them. 



Wednesday 5th February, 1766, P. M. 

The Assembly having last Week sent up to the Governor for his 
concurrence two Bills entituled 

" An Act directing the choice of Inspectors, & for holding the 
General Elections in this Province j" and 

*' An Act for appointing Wardens for the Port of Philadelphia, 
& for regulating the Pilots plying in the river Delaware, and the 
price of Pilotage to & from the said port ;" They were this day 
duly considered, and some amendments being made to them, his 
Honour directed the Secretary to return them to the House with 
the same. 



Thursday the 6th February. 

Two Members of Assembly waited on the Governor, & presented 
to him for his Concurrence, two Bills entituled as follow, viz'- : 

" A Supplement to the Act entituled, ' a supplement to the Act 
entituled An Act for regulating, pitching, paving & cleansing the 
Highways, Streets, Lanes and Alleys, of the City of Philadelphia, 
&ca.' " 

" An Act for the relief of the Poor." 



PROVINCIAL COUNCIL. 295 



At a Council held at Philadelphia, on Friday the 7th February, 
176G. 

PRESENT : 

The Honorable JOHN PENN, Esquire, Lieutenant Gov- 
nor, &ca. 

Lynford Lardner, Benjamin Chew, } Esq"- 

Richard Penn, 5 

Two Members of Assembly waited on the Governor, and ac- 
quainted him that the House had agreed to the amendments to the 
Bill for appointing Wardens for the Port of Philadelphia, &;ca., 
and were inclined to make an Adjournment to-morrow, if the Busi- 
ness under Consideration could be finished by that time. 

The Governor laid before the Board 3 Bills sent up by the 
House for bis Concurrence, entituled 

*' An Act for the relief of the Poor." 

" A Supplement to the Act entituled ' A Supplement to the Act 
entituled ' An Act for erecting a Light House at the Mouth of the 
Bay of Delaware, or at or near Cape Henlopen, for placing and fix- 
ing Buoys in the said Bay and River Delaware.' " 

" A Supplement to the Act entituled ' A Supplement to the Act 
entituled An Act for regulating, pitching, paving and cleansing 
the Highways, Streets, Lanes, & Alleys, in the City of Philadelphia, 
&ca.;'" which being read and considered, were ordered to be re- 
turned to the House with several Amendments made to the first, 
& a Message that his Honour agreed to the two last mentioned. 



Saturday, 8th February, 17GG. Two Members of Assembly again 
presented to the Governor the Bill for the relief of the Poor, with 
an answer to the Governor's amendments, wherein the House agreed 
to several of the small ones, and adber'd to the Bill with respect 
to the most material, and requested his Honour's Concurrence therein. 
They at the same time acquainted his Honour that the House in- 
clined to adjourn in the afternoon, & desired he would be pleased 
to appoint a time for passing the several Bills which were agreed 
to. The Governor answered them that he should be ready for that 
purpose in the Council Chamber, at 5 O'clock this afternoon, and 
appointed Richard Penn, Esq'' and the Secretary, to join with the 
Members of the House to collate the Bills in the mean time. 



Eodem die, P. M. ^ 

The Governor, by the secretary, returned the Bill for the relief 
of the Poor, with a verbal Message to the House that he adhered 
to his Amendments. 



296 MINUTES OF THE 

Council Chamber, 5 o' Clock, P. M. 

The several engrossed Bills being compared and found to agree 
with the Originals, The Governor sent the Secretary with a verbal 
Message to the House, acquainting them that he was in the Council 
Chamber, and required their attendance, that he might pass the 
Bills which he had been agreed on. The whole House attending 
accordingly, the Speaker presented to the Governor ten Bills, enti- 
tled as follow, viz'- : 

" An Act to repeal An Act entltuled ' An Act to enable the In- 
habitants of the Borough of Lancaster in the County of Lancaster, 
to raise Money on themselves for Supporting a Nightly Watch in 
the said Burough, and for other purposes therein mentioned.' " 

" An Act to prolong the time limited for drawing the Lottery 
instituted and directed to be drawn in and by virtue of An Act en- 
tituled 'An Act for raising, by way of Lottery, the sum of £3,003 
15,'" &c^- 

" An Act directing the choice of Inspectors, and for holding the 
General Elections in this Province." 

" An Act for the better employment, relief, and support of the 
Poor within the City of Philadelphia, the district of Southwark, 
the Townships of Moyamensink and Passyunk, & the Northern 
Liberties." 

" A Supplement to the Act entituled ' An Act to continue an Act 
entituled An Act for regulating and continuing the Nightly Watch, 
and enlightening the Streets, Lanes, & Alleys of the City of Phila- 
delphia,' " &c^- 

'* An Act to prevent cutting or damaging the ropes used by the 
Ferrymen on Schuylkill or elsewhere within this Province." 

" An Act to prevent the destruction of small Rock Fish, and the 

taking Oysters, & bringing them into this Province out of Season." 

"An Act for appointing Wardens for the Port of Philadelphia, 

and for the regulating Pilots plying in the River & Bay of Delaware, 

& the price of Pilotage to and from the said Port." 

"A Supplement to the Act entituled *A Supplement to the Act 
entituled An Act for regulating, pitching, paving, and cleansing 
the Highways, Streets, Lanes, and Alleys of the City of Philadel- 
phia, &c^' " 

''A Supplement to the Act entituled 'A Supplement to the Act 
entituled An Act for erecting a Light House at the Mouth of the 
Bay of Delaware, at or near Cape Henlopen, &c^-'" 

Which Bills the Governor was pleased to enact into Laws, & 
signed a Warrant for affixing the Great Seal thereto, and they were 
ordered afterwards to be deposited in the Rolls Office. 

The Speaker then acquainted the Governor that the House had 
agreed to adjourn to Monday the 5th day of May next, & at the 
same time presented to his Honour a Certificate for £ 500 ; for which 
he returned thanks to the House. 



PROVINCIAL COUNCIL. 297 

10th February, 1766. 
MEMORANDUM. 

This day the Governor wrote the following Letter to Major Gene- 
ral Gage in answer to that from his Excellency, dated the 13 
December last. 

A Letter from the Governor to Major General Gage. 

" Philadelphia, February 10, 1766. 
''Sir: 

" Sometime ago I was honour'd with your Letter of the 13th 
Decern'-' inclosing Copies of sundry Letters and other papers relative 
to the Conduct of the Rioters in Cumberland County. I was much 
surprized to hear of any new Disturbances between his Majesty's 
Troops and those lawless ungovernable people, and cannot but feel 
the greatest concern to find, by the accounts you have given me, 
that they have again presumed to commit further outrages, and in- 
sult the King's Garrison. Whatever is in my power to be done on 
this occasion, in a due Course of Law, to bring the offenders to 
Justice, you may be assured shall not be neglected ; and I am in 
great hopes my endeavours herein will be attended with better suc- 
cess than in the former Case. I sometime since issued a Supersedeas 
for William Smith, the Justice who has been suspected, and appears 
now to have countenanced the designs and proceedings of the Rioters. 
The Chief Justice has also issued a Writ for apprehending James 
Smith, their head & Ringleader, which has been transmitted to the 
Sheriff of Cumberland, to be duly executed. I have not yet heard 
of his success, but would fain hope that Villain may be taken, and 
we shall be able, by his means, to discover and take some of the 
other principals. 

"I have the Honour to be, with great regard, Sir, 

" Your most Obedient Humble Servant, 

"JOHN PENN. 

" To his Excellency Major Gen^- Gage." 



At a Council held at Philadelphia, on Wednesday the 19th Feb- 
ruary, 1766. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

Lynford Lardnei,"] 
Benjamin Chew, lEsq'^ 
Richard Penn, J 

The Governor laid before the Board a Letter he lately received 
by the packet from the Right Honourable Henry Seymour Conway, 



298 MINUTES OF THE 

Esq'^'' one of his Majesty's principal Secretaries of State, dated the 
24th October last, expressing the King's concern at the late Com- 
motions in some of the American Colonies, which happen'd on account 
of a late Act of Parliament for collecting Stamp Duties, and set- 
ting forth his Majesty's pleasure respecting the Conduct to be ob- 
served by this Government in case any such disturbances should 
take place in Pennsylvania, which Letter being read, was ordered 
to be enter'd, & follows in these words, viz'' : 

A Letter from theR't. Hoii'hle. H. >S. Comvai/, Esq'r.. to the Gov- 
ernor. 

" St. James', October 24th, 1765. 
" Sir : 

" It is with the greatest Concern that his Majesty learns the dis- 
turbances which have arisen in some of the North American Colo- 
nies. If this Evil should spread to the Government of Pensil- 
vanyia, where you preside, the utmost exertion of your prudence 
will be necessary so as justly to temper your Conduct between that 
Caution & Coolness, which the delicacy of such a Situation may 
demand on one hand, and the vigour necessary to suppress outrage 
and violence on the other. It is impossible at this distance to assist 
you by any particular or positive Instruction, because you will find 
yourself necessarily obliged to take your resolution as particular 
Circumstances & Exigencies may require. 

" His Majesty, &; the Servants he honors with his Confidence, 
cannot but lament the ill-advis'd Intemperance shown already in 
some of tha provinces, by taking up a Conduct which can in no way 
contribute to the removal of any real Grievance they might labour 
under, but may tend to obstruct & impede the Exertion of his Ma- 
jesty's benevolent attention to the Ease & Comfort, as well as Wel- 
fare of all his people. 

" It is hoped and expected that this want of Confidence in the 
justice and tenderness of the Mother Country, & this open resistance 
to its authority, can only have found place among the lower & more 
ignorant of the People, The better & wiser part of the Colonies 
will know that Decency and Submission may prevail, not only to 
redress Grievances, but to obtain Grace & Favour, while the outrage 
of a public violence can expect nothing but severity & chastise- 
ment. 

" These sentiments you and all his Majesty's Servants, from a 
sense of your Duty to, and love of your Country, will endeavour 
to excite and encourage ; You will, all in a particular manner, call 
upon them not to render their Case desperate ; you will in the 
strongest Colours represent to them the dreadful Consequences 
that must inevitably attend the forcible and violent resistance to 
Acts of the British Parliament, and the scene of Misery and Ca- 
lamity to themselves, and of Mutual Weakness & Distraction to 
both Counties inseparable from such a conduct. 



PROVINCIAL COUNCIL. 299 

'' If by lenient and persuasive Methods you can contribute to re- 
store that Peace, and Tranquility to the Provinces on which their 
"Welfare and Happiness depend, you will do a most acceptable and 
essential Service to your Country; But having taken every step 
which the utmost Prudence and lenity can dictate, in Compassion to 
the folly & Ignorance of some misguided People, You will not, 
on the other hand, fail to use your utmost power for the repelling 
all Acts of outrage & Violence, and to provide for the Maintenance 
of Peace and good Order in the Province, by such a timely Exer- 
tion of Force as the Occasion may require, for which purpose you 
will make the proper Applications to General Gage, or Lord Colvill, 
Commanders of his Majesty's Land and naval Forces in America. 
For, however unwillingly his Majesty may consent to the Exertion 
of such pow<3rs as may endanger the safety of a single Subject, 
yet can he not permit his own Dignity and the Authority of the 
British Legislature to be Trampled on by Force and Violence, 
and in avow'd Contempt of all Order, Duty and Decorum. 

" If the Subject is aggrieved, he knows in what manner legally 
and constitutionally to apply for relief; but it is not suitable, either 
to the safety or Dignity of the British Empire, that any Indivi- 
duals, under the Pretence of redressing Grievances, should presume 
to violate the public Peace. 

" I am, with great Truth and Regard, Sir, 

"Your most obedient humble Servant, 

"H. S. CONWAY. 

" Deputy Governor Penn." 

The above Letter having been taken into due Consideration, and 
an answer thereto prepared, in order to be transmitted by the nest 
pacquet, the same was approved by the Board, and is as follows : 

^ Letter to the Right HonhJe II. S. Comvai/, Esquire, from the 

Governor. 

" Philadelphia, 19th February, 1766. 

''Sir: 

" I had the honour of your Letter of the 24th October last, re- 
specting the Distur'bances which have lately been committed in 
several of the North American Colonies. Give me leave to as- 
sure you, Sir, that no one of his Majesty's Servants is more sensi- 
ble than I am of the Rashness and Folly of those who have been 
concerned in these Outrages, which at the same time that they 
violate the Public Tranquility and set Government at nought, are 
undutiful and affrontive to the best of Kings, and productive of 
the most dangerous Consequences. I am sorry to be under the 
necessity of informing you that the dissatisfaction with some of the 
late Acts of the British Legislature (particularly the Stamp Act) 
is almost universal in all the Colonies on the Continent, and pre- 
vails among all Ranks and Orders of Men ; but I should do^ great 
injustice to Numbers of his Majesty's faithful Subjects, if I did 



300 MINUTES OF THE 

not represent to you at the same time, that the wiser and more con- 
siderate among thena highly disapprove of and detest the violent 
and illegal measures which have been pursued in many of the 
Colonies. 

" In the Province of Pennsylvania, where I have the honor to 
preside, matters have been conducted with more moderation & re- 
spect to bis Majesty and Parliament than in most others, and the 
giddy Multitude have hitherto been restrained from committing any 
Acts of open Violence. 

" Upon the arrival of the first Cargo of Stamp'd Papers into this 
Province, in the Mouth of October last, John Hughes, of this City, 
who was reported and indeed generally known to be the person ap- 
pointed to distribute them, refused to take charge of them, tho' 
th°y were consigned to him, under pretence that he had not re- 
ceived his Commission or had any Authority to take them into his 
possession ; and there being no Fort or place of Security where I 
could lodge them on Shore, I thought it most advisable to order 
them on board his Majesty's Sloop of War the Sardoine, Capf- 
James Hawker, Commander, stationed in the Kiver Delaware, to 
whose care (on Hughes' afterwards resigning his Ofl&ce of Stamp 
Distributer), I have also committed all the papers which have since 
■been sent by the Commissioners for the use of this Province, till 
his Majesty's further Orders can be received, or another Person 
shall be appointed to the Office of distributor by the Commissioners, 
agreeable to the directions of the Act. The Americans have the 
most Sanguine hopes that the remonstrances drawn up by the Com- 
mittees of the several Assembleys at the Congress held for that 
Purpose at New York last Fall, and transmitted by them to the Par- 
liament, will produce a Repeal of the Stamp Act; but if they 
should be disappointed in their Expectations, it is impossible to say 
to what length their irritated and turbulent Spirits may carry them. 
Of this, however. Sir, you may rest assured, that I shall esteem it 
my indispensible duty on this and every other Occasion, to use 
every means in my power to preserve the Public peace, and support 
to the utmost the honour and Dignity of his Majesty's Government 
committed to my care. 

" I have the honour to be, with great Truth & Regard, 
" Sir, Y^- most Obed'- 'hble Servant, 

«' JOHN PENN." 

The following Letter from Gen'- Gage, received this Morning, was 
read, and ordered to be entered on the minutes of Council : 

A Letter to the Governor from his ExcelVcy Major Gen'l Gage. 

"New York, February 17th, 1766. 
" Sir : 

" I' have been honoured with your Letter of the 10th Instant, 
and am greatly obliged to you for the pains you have taken to bring 



PROVINCIAL COUNCIL. 301 

the Offenders concerned in tlie Riots at Fort Loudon to Justice, 
which will be the best means to prevent such Lawless proceedings 
for the future. And I shall take care that the Highland Regiment 
is informed of your Intentions in this respect, as I must confess to 
you I think it necessary to take some Precautions to prevent Miss- 
chief in case that Regiment should pass the Frontiers of Pennsyl- 
vania. 

*' It has been confidently reported here, and believed, that the 
People called Quakers have been very instrumental in preserving 
the Peace and Tranquility of the City of Philadelphia. I have had 
no Conversation with any People of that persuasion on the Subject, 
or do I know that Sir Henry Moor has. I understand such reports 
were propagated by Merchants of this Place who had been at 
Philadelphia, as well as by Letters from thence. However it has 
happened, I rejoice with you that you have lived in Ease & Quiet, 
whilst this place is eternally alarmed by a sett of Banditti, who will 
probably at length bring much misschief on themselves and their 
City. 

"I have the honor to be, with great Respect, Sir, 

" Your most Obedient humble Servant, 

"THOS. GAGE. 

" Hou^'^- Lieut*- Gov'- Penn.'' 



3rd March, 17G6. 
MEMORANDUM. 

Yesterday Morning the Speaker of the Assembly delivered to 
the Provincial Secretary a written Order to issue a Writ for the 
Election of a new Member of Assembly for Chester County, which 
follows in these words, viz'- : 

" In Assembly, February 8th, 1766. 

"Pennsi/lva. ss : 

"By a Resolve of the Assembly of this Day, I am empowered 
and directed to order the Provincial Secretary that he do issue a 
Writ to the Sheriff of the County of Chester, for the Election of 
a Member to serve as a Representative in this Assembly for the 
said County of Chester, in the room of John Fairlamb, Esq'-' lately 
deceased. 

" Therefore, by virtue of the said Resolve, and in pursuance of 
an Act of Assembly of this Province, in that Case made and pro- 
vided, I do require that a Writ be issued to the Sheriff of the said 
County, for the purpose aforesaid, according to the Direction of the 
said Law. 

" JOS. FOX, Speaker. 

" To Joseph Shippen, Esq'- Provin'' Secretary." 



302 MINUTES OF THE 

Tuesday, 4th March, 1766. 

The Secretary Communicated to the Governor the above Order 
of the Speaker, and a Writ was accordingly issued this day to 
Philip Ford, Esquire, the Sheriff of Chester County. 



At a Council held at Philadelphia, the 6th day of March, 1766. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutent'- Governor, 
&c^- 

Richard Peters, Richard Penn, ? t^, rs. 

Benjamin Chew, 5 

Mr. Samuel Wharton waited on the Governor, in Council, and 
delivered him an Extract of a Letter from Robert Callender to 
Mess"- Baynton, Wharton, and Morgan, which was read, & follows 
in these words, viz'- : 

" Pennsborough, March 2d, 1766. 
" Gentlemen : 

" Since my return home, I have been informed by sundry per- 
sons, that the rascally part of the Inhabitants of Conegocheage are 
determined, and now laying a plan, to do you some piece of injury, 
by either stopping or destroying some part of your last Cargo that 
yet remains with the Carriers in that Neighborhood, on account of 
Justice Smith's discharge from the Magistracy, for which they en- 
tirely blame your House, thinking that it is you alone have excited 
the Governor to do it. As you have already experienced so much 
of their Villainy, they are not to be trusted farther than seen, and 
therefore I have advised Irwin to go immediately up to that Neigh- 
borhood, and stop the proceedings of the Carriers till there is some 
methods fixed upon for the safe Conveyance of these Goods, 'aow in 
their Charge, least the Devil should tempt them to commit some 
Outrage of that kind, which I have great reason to believe they 
will. ^ 

Signed "ROBERT CALLENDER. 

"To Mess'^ Baynton, Wharton, & Morgan.'' 

" Mr. Wharton, at the same time, requested the Governor would 
be pleased to take such measures as he should judge best for Pre- 
venting the intended injury to their Goods, as mentioned in that Ex- 
tract, and observing that they were to be sent to the Illinois Coun- 
try, to supply the Indians there, agreeable to the promises lately 
made them by Mr. Croghan, the Deputy Agent for Indian Affairs, 
that a Trade should be soon opened with them ; and that unless 
some precautions were taken by the Government for the Protection 



PROVINCIAL COUNCIL. 303 

of those Goods, he was verry apprehensive they would be destroyed. 
The Council taking this matter into Consideration, advised the Gov- 
ernor to write a Letter to the Magistrates of Cumberland County, 
giving them the strictest Injunctions to use their utmost Endea- 
vours to Suppress any disturbances or disorders that may happen, 
and to call upon the Sheriffs and Power of the County, to oppose 
the designs of any People who should attempt to stop or destroy the 
Goods above mentioned, and also, to write to Major General Gage, 
requesting his instructions to the King's Troops in this Province to 
aid and support the civil power whenever the Governor should think 
it necessary to call on them for that purpose. The following Let- 
ters were accordingly drawn up at the Table, and sent to Mr. Whar- 
ton, to be forwarded by Expresses : 

A Letter to Gen I Gage from the Governor. 

"Philadelphia, March 6th, 1766. 
" S'' : 

Mr. Wharton has just furnished me with an Extract of a Letter he 
received last Night from Robert Callender, informing him that he 
suspects some of the Frontier Inhabitants are again engaging in a 
scheme to intercept and destroy a Quantity of Goods which Mr. 
Wharton & his House are sending up to Fort Pitt, under the pro- 
tection of my Licence, in their way to the Illinois Country, to trade 
with the Indians. I hope these suspicions have no real foundation, 
but must Confess that the former Conduct of those abandoned 
people, who seem void of all Sense of duty or Submission to Law 
or Government, has been such as to give room to believe them ca- 
pable of any Villainy. I shall, therefore, dispatch an Express to 
the justices of Cumberland County, with the most Positive Injunc- 
tions to exert the Civil Power in the Suppression of any Riots, or 
attempts of the People to injure or destroy the above Goods. But 
lest the force of the civil Government should not be suffic'- to an- 
swer the purpose, I must beg the favour of your Aid, and that you 
will be pleased to furnish me as soon as Possible, with your In- 
structions to the Commanding Officers of the King's Troops at Lan- 
caster, & the different Posts on the Communication to Fort Pitt, to 
obey such orders as I may, from time time, be under the necessity 
of giving them for preserving the Public peace, and supporting the 
Laws, as well as the Dignity of his Majesty's Government, commit- 
ted to my Care. 

" I have the honor to be, with great Regard, Sir, 

"Your most Obedient humble Servant, 

"JOHN PENN. 

" To His Excellency Gen'- Gage." 



304 MINUTES OF THE 

w2 Letter from the Governor to the Justices of Cumberland County. 

" Philadelphia, 6th March, 1766. 
" Gentlemen : 

" I have received Information that a number of the Inhabitants 
of Coneeocheague are suspected to have formed a scheme to inter- 
cept and destroy a Quantity of Goods which Mess"- Bayton, Whar- 
ton, & Co. are now sending up to Fort Pitt, in their way to the 
Illinois Country. The former Conduct of many lawless and unruly 
People on the Frontiers, in committing several outrages of the like 
kind, gives me too much reason to fear that the suspicions on the 
present occasion are well founded. I shall be very much surprized 
if any of the People should presume to counteract my authority so 
far as to attempt to stop the progress of any Goods that are carry- 
ing into the Indian Country with my full and express Licence. 
But lest any thing of this sort should be undertaken, I hereby 
judge it proper to give you my most positive Commands to exert 
the utmost Diligence and Activity in suppressing any Riots or at- 
tempts of the people to injure or destroy any of the above mentioned 
Goods, (or commiting any other Outrages), and if you shall hear that 
any of the people are assembling for such unlawful purposes, you 
are immediately to call to your Assistance the Sheriff and power of 
the County to prevent the Execution of their designs ; but ia case 
the fullest Exertion of your Authority and Influence should not be 
sufficient, I require you forthwith to give me information thereof, 
that I may Order some of the King's Troops to the Aid of the 
Civil power, in compelling the people to submit to the Legal Au- 
thority of the Government, & pay due Obedience to the Laws. I 
should be very sorry to be reduced to the necessity of such expe- 
dients if it could be avoided. But the duty of my Station will 
oblige me to make use ol all the means in my power in bringing to 
reason & Justice all such obstinate offenders who wickedly & wan- 
tonly oppose the Government, & trample on its Laws. 
'* I am, with great regard, Gentlemen, 

" Your most Obedient humble Servant, 
"JOHN PENN. 

" To John Armstrong, Esq'' and others, his Majesty's Justices 
of the Peace, for the County of Cumberland." 

The Governor acquainted the Council that a few days since he 
had received Information from Captain Lemuel Barrit, of Cumber- 
land Valley, that on the 11th day of January last, a Mohawk In- 
dian, on his return from the Country of the Cherokees, was mur- 
der'd & Scalp'd about 12 miles from Fort Cumberland, on the road 
leading from thence to Fort Bedford, and proposed to issue»a Procla- 
mation offering a reward for the discovery, and apprehending the mur- 
derer that he might be brought to Condign Punishment; But Captain 
Barrit attending the Board, at the Governor's request, he was far- 



PROVINCIAL COUNCIL. 305 

ther examined, and his deposition taken in writing, wlien there 
appeared from sundry Circumstances, great reason to suspect the 
Murder had been commited by a certain Sam'- Jacobs, who had ab- 
sconded, and was supposed to have gone to the Frontiers of Vir- 
ginia and Maryhmd ; The Council, therefore, advised the Governor 
to delay issuing a Proclamation, till means were tried for apprehen- 
ding the person suspected ; and for that purpose to write to the 
Governors of Maryland and Virginia, enclosing them Copies of 
Capt" Barrit's Deposition, & desiring they would be pleas'd to order 
a strict Search to be made for the said Samuel Jacobs, through 
their respective provinces, & also to write to Sir William Johnson, 
acquainting him with the matter. 

The following Letters were accordingly wrote to Gov"^' Sharpe, 
Fauquiere and Sir William Johnson : 

A Circular Letter from the Govr. to Gov't. Sharp and Fau- 
quiere. 

"Philadelphia, 11th March, 1766. 

" I lately received information that one of the sis Nations In- 
dians, returning from the Cherokee Country, was IMurdered on the 
11th of January last, on the road between Fort C'umberland and 
Fort Bedford, within this Province. I intended to have issued a 
proclamation offering a reward ' for discovering & apprehending the 
Murderer, but finding by the examination of Captain Lemuel Bar- 
rit, who lives near the place where the Indian was found, that there 
is great reason to believe the Murder was committed by one Samuel 
Jacobs, who is said to have fled into the back parts of Virginia or 
Maryland, I think it most advisable to defer my proclamation till 
I have first tried every other means in my power to secure the Of- 
fender. I take the liberty of inclosing you Capt° Barrit's deposi- 
tion & description of Jacobs' person, at the same time requesting 
you will cause strict search to be made for him throughout your 
Province, as you must be sensible of the ill Consequences that 
will ensue if all necessary steps are not pursued in order to bring 
to Justice this lawless Villain, as well to convince the Indians of 
our good Intentions towards them as to deter others from the same 
Conduct, which, if we cannot fall upon some means of putting a 
stop to, we may reasonably expect to be again involved in the Mis- 
eries of an other Indian War. 

" I shall make Sir William Johnson acquainted with this un- 
happy affair, and the measures taken to give our Friends, the Six 
Nations, all the satisfaction in our power, that he may represent 
the matter in a proper light to them, so as to prevent any ill 
VOL. IX. — 20. 



306 MINUTES OF THE 

Consequences that might otherwise happen from their resent- 
ment. 

" I have the honour to be, with great Regard, 

" Sir, your most Obedient humble Servant, 

"JOHN PENN. 
'' To His Excell'^ Horatio Siiarpe, Esq., Governor of Maryland, 
and The Hon'ble. Francis Fauquiere, Esq"' Governor of Vir- 
ginia*. 



A Letter from the Governor to Sir William Johnson. 

"Philadelphia, 11th of March, 1766, 
"Sir: 

" It was with a very great Concern that a few days ago 1 received 
certain Information by Capf- Samuel Barrit, that on the 11th of 
January last, a Mohawk Indian, in his return from the Cherokee 
Country, was Murdered on the Road between Fort Cumberland & 
Fort Bedford, in this Province. 

" This unhappy affair will no doubt give great Offence to the In- 
dians of the Six Nations, and may be attended with very bad con- 
sequences. But I shall think it my indispensable duty, from mo- 
tives of Justice as well as good Policy, to give them all the Satis- 
faction in my power for this Injury, and I beg you will be pleased 
to take the first Opportunity to acquaint them that I heartily con- 
dole with them on this occasion, and that all means shall be used 
for apprehending the Murderer and bringing him to Condign Pun- 
ishment. I intended to have issued a Proclamation, offering a Re- 
ward for that purpose; but as there appears by Capt"' Barrit's 
deposition, a Copy of which you have enclosed, very great reason to 
think the Murder was commited by one Samuel Jacobs, who is sup- 
posed to have fled to the back parts of Maryland and Virginia, I 
shall suspend the Proclamation till better means have been tried to- 
3,pprehend him, for which purpose I have written to tlie Governors 
of Maryland and Virginia, to request they would cause a strict 
search to be made for him throughout their yespective Provinces^ 

"If we should be so fortunate as to secure this Lawless Villain, 
I will immediately acquaint you therewith, that you may have it in 
your power to satisfy the Indians of our good disposition towards 
them, and our desire and readiness to do them the strictest Justice 
upon all Occasions. 

" I am, with great Regard, Sir, 

" Your most Obedient humble Servant, 

"JOHN PENN. 

" Sir WiLMAM Johnson." 



PROVINCIAL COUNCIL. SOt 

March 13th, 1766. 
MEMORANDUM. 

This Morning the Governor received a Letter from his Excellency 
Major General Gage, fluted the 10th Instant, inclosing his Orders to 
the Military Officers within this Government, to give assistance to the 
civil power, both which were ordered to be entered on the Council 
Books, & are as follow, viz'- : 

A Letter to the Governor from his ExceUency Major General Gage. 

''New York, March 10th, 1766. 
"Sir: 

" I have been favor'd with yours of the 6th Instant, and am 
sorry to find that the lawless Banditti on your Frontiers continue 
giving you fresh troubles. The Robberies and disturbance they 
have been guilty of with Impunity, emboldens them to every Act 
of Violence, whilst they flatter themselves that they are secure from 
Punishment. I enclose you an Order to all the Forces in your Gov- 
ernment to give Assistance to the Civil power, which you will make 
use of, as the Circumstances of affairs may require. The Officer 
commanding at Lancaster has already received the Order, so that a 
Letter from you to him will be sufficient. 

" I am, with great Regard, Sir, 

" Your most Obedient humble Servant, 

" THO' GAGE. 
"Hon'"- Lieut'- Gov^- Penn." 



" Head Quarters, New York, 15th January, 1766. 
" ORDERS. 

" His Majesty's Pleasure having been signified to the Commander- 
in-Chief, that in Case by the Exigency of affairs in any of the Pro- 
vinces in America, it should be necessary to procure the aid of 
Military in support of the Civil Power, and that for that purpose 
the Governor of the Province where that may happen^ should apply 
to the Commanders of his Majesty's Land Forces in America, The 
said Commanding Officers should, upon such requisition made by 
the Governor of the Province to them, give the said Governor their 
Concurrence and Assistance for the purpose above mentioned. The 
Commander-in-Chief Orders the several Officers Commanding the 
Regiments, Posts and Detachments, under his Command, to pay a 
punctual Obedience thereto. 

•' RICHARD MAITLAND. 

"Depy Adj'- Genr 

" To the OflScers Commanding the several posts & Detachments ou 
the Communicatioa from Philadelphia to Fort Pitt." 



308 MINUTES OF THE 



At a Council held at Philadelphia, on Saturday the 15th March, 
1766. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c*- 

Benjamin Chew, Lynford Lardner, ) -n, 

Kichard Penn, [ i^^squires. 

The Commission of the Peace for Northampton County being 
taken into Consideration, and an Alteration being thought necessary 
to be made therein, The Governor, by the advice of the Council, 
was pleased to issue a new one, appointing the Members of Coun- 
cil and the following Gentlemen Justices of the General Quarter 
Sessions of the Peace and of the County Court of Common Pleas 
for the said county of Northampton, Viz'': ' 

George Taylor, John Moore, 

Thomas Craig, James Allen, 

Hugh Wilson, John Jennings, 

Aaron Dupui, Dan'- Brodhead, 

Lewis Klotz, Robert Levers, 

Thomas Armstrong, Christ'- Waggoner, 

Lewis Gordon, Henry Kooken, 

Jacob Orndt, Joseph Gaston. 



Tuesday, 6th May, 1766. 

Two Members of Assembly waited on the Governor and ac- 
quainted him that the House had met pursuant to Adjournment, 
and desired to know if his Honour had any business to lay before 
them, to which he answered that he had none at present to recom- 
mend to them. 



Thursday, 8th May, 1760. 

Two Members of Assembly acquainted the Governor that the 
House inclin'd to adjourn to the 2nd day of June next, to which 
his Honour made no Objection. 

The Governor lately received by the packet, a Letter from the 
Right Honourable Henry Seymore Conway, Esq''-- dated 1st March, 
1766, which being ordered to be entered on the Minutes of Coun- 
cil, is as follows, viz' : 



PROVINCIAL COUNCIL. 809 

A Letter from the Rt. Honourable H. S. Conimy, Esqr., to tJie 

Governor: 

"S-r. James's, 1st March, 1766. 
"Sir: 

"I am very sorry not to be able as yet to give you any Instruc- 
tion for the Rule of your Conduct in the perplexed situation of 
things in the Colonies; But the Parliament, to whose Wisdom his 
Majesty has been pleased to refer those Affairs, not having come to 
any ultimate decision thereon, I may not presume to give you any 
Positive Direction ; at the same time it is, I think, my Duty to in- 
form you that a Bill is brought in, and has made some progress in 
the House of Commons, for the repeal of the Stamp Act, and that 
other proceedings relative to the mutual Bights of Great Britain & 
her Colonies, are also in Consideration before Parliament. As soon 
as ever any thing is ultimately determined by the Legislature, You 
may depend upon the speediest Information from me, and will not 
fail to receive therewith his Majesty's farther Instructions. In the 
mean time the King relies on j'our Discretion to take the properest 
Measures that the Circumstances of the Times may require, for the 
good of the Colony committed to your Care. 

" I am, with great Truth and Regard, Sir, 

" Your most Obedient, humble Servant, 
"H. S. CONWAY. 

" Deputy Governor of Pennsylvania." 



At a Council held at Philadelphia on Tuesday, 3rd June, 1766. 

present: 
The Hon'ble. JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

Benjamin Chew, Richard Penn, Esq"^ 

Two Members of Assembly waited on the Governor last Night 
and acfjuainted him that the House were met pursuant to Adjourn- 
ment, & requested to know if his Honour had any business to lay 
before them ; To which he answered, that he should send a writtca 
Message to the House in the Morning. 

The Governor laid before the Board a Letter he lately received 
from the Right Honourable Henry Seymore Conway, Esq'-' one of 
his Majesty's principal Secretaries of State, dated the 31st of March 
last, acquainting hiui that an Act of Parliament for repealing the 
Act for collecting Stamp Duties, &ca., in America, had been lately 
passed, and enclosing him a printed Copj^ thereof, together with a 
Copy of the Resolutions of the House of Commons, directed by his 
Majesty to be laid before the Assembly of this Province, and also 
Signifying the King's Approbation of the Governor's Conduct, as 



310 MINUTES OF THE 

well as of the Behaviour of the people of Pennsylvania, during the 
late Commotions & Disturbances in several of the other Colonies. 
The said Letter was read, and follows in these Words, viz'-: 

A Letter from the Rt. HonUhlr. II. S. Conway, Eaqr., to the Gov'r. 

"St. James's. 31st March, 176G. 
" Sir : 

" Herewith I have the pleasure of transmitting to You Copies of 
Two Acts of Parliament just Passed. The first for securing the just 
Dependency of the Colonies on the Mother Country; The Second 
for the Ilepeal of the Act of the last Session, granting certain Stamp 
Duties in America; And I expect shortly to send you a Third for 
the Indemnity of such Persons as have incurred the Penalties im- 
posed by the Act just repealed ; as such Bill is now depending, & 
has made a considerable Progress in the House of Commons. 

"The Moderation, The Forbearance, the unexampled Lenity and 
Tenderness of Parliament towards the Colonies, which are so sig- 
nally displayed in those Acts, cannot but dispose the Province com- 
mitted to your Care, to that return of chearful Obedience to the 
Laws and Legislative Authority of Great Britain, and those Senti- 
ments of respectful Gratitude to the Mother Country, which are the 
natural, and I trust, will be the certain eifects of so much Grace and 
Condescension, so remarkably manifested on the part of his Majesty, 
and of the Parliament ; And the future Happiness and Prosperity 
of the Colonies will very much depend on the Testimonies they 
shall now give of their Dispositions. 

"For, as a dutiful and affectionate return to such peculiar proofs 
of Indulgence and Affection may now, at this Crisis, be a means of 
fixing the mutual Intei'ests & Inclinations of Great Britain and her 
Colonies, on the most firm and solid Foundations ; so it cannot but 
appear visible that the least Coldness or Unthankfulness, the least 
Murmuring or Dissatisfaction, on any Ground whatever, of former 
heat, or too much prevailing Prejudice, may fatally endanger that 
Union, and give the most Severe and affecting Blow to the future 
Interests of both Countries. 

"You will think it scarce possible, I imagine, that tlie Paternal 
care of his Majesty for his Colonies, or the Lenity and Indulgence 
of the Parliament, should go further than I have already mentioned; 
Yet so full of true magnanimity are the Sentiments of both, and so 
free from the smallest Colour of Passion or Prejudice, that they 
seem dispos'd not only to forgive, but to forget those most unjusti- 
fiable marks of an undutiful disposition, too frequent in the late 
Transactions of the Colonies; and which, for the Honour of those 
Colonies, it were to be wished had been more discountenanced & 
discouraged by those who had knowledge to conduct themselves 
otherwise. 

" A Revision of the late American Trade Laws is going to be the 
immediate Object of Parliament; Nor will the late 'Transactions 



PROVINCIAL COUNCIL. 311 

there, however provoking, prevent, I dare say, the full Operation of 
that kind and indulgent disposition, prevailing both in his Majesty 
and his Parliament, to give to the Trade and Interests of America 
every Ilelief which the true State of their Circumstances demands 
or admits. 

" Your Situation, which has made you a Witness of the Distrac- 
tion of that Country, will enable you to form the best Judgment of 
the Behaviour which your Province ought to use upon this Occa- 
sion, and of the Arguments which you ought to employ to enforce 
the necessity of such a Behaviour as is suitable to their present 
Circumstances. 

'* I have received your last Letters of the 10th & 19 of February 
last, and am glad to find that Things have remained quiet in your 
Government. By his Majesty's Commands, I transmit to you the 
Resolutions of the House of Commons, to be laid before your As- 
sembly, whom you will at the same time assure of his Majesty's 
approbation of the wise and prudent as well as dutiful Behaviour 
which the Province of Pennsylvania has held amidst the two pre- 
vailing distractions, which have so generally agitated the other 
Colonies. This behaviour of your Province reflects Honour on 
your administration, and I have the Satisfaction to inform you, 
that your own Oonduct meets with his Majesty's approbation. 
'' I am, with great Truth and Regard, Sir, 

"Your most Obedient humble Servant, 

"H. S. CONWAY. 

** Lieu' Gov''- of Pennsylvania." 

The abovementioned Letter being taken into due Consideration, 
the Council advised the Governor to lay the same, together with the 
Papeis referred to in it, before the Assembly with a Message. 

The following Message was accordingly prepared, approved, it- 
sent to the House with the said several Papers, viz'- : 

A Message from the Governor to the Jlssemhli/. 

*' Gentlemen : 

" Having just reeeiv'd from the Right Honorable Mr. Secretary 
Conway, the Copy of a Law lately passed for repealing an Act made 
last year by the British Parliament for granting certain Stamp 
Duties in America, I am pleased to have so early an Opportunity 
as your present meeting affords, of congratulating you on an 
Event so truly joyful, and which I hope will be productive of the 
most happy consequences to this and all the other Colonics. 

" By the Secretary of State's Letter, which I have ordered to be 
laid before the House, you will likewise have the Satisfaction io 
find that besides the Repeal of the Stamp Act, our Gracious Sov- 
ereign and his Parliament are still extending their goodness farther, 
and propose to give every Relief to the Trade ot America which 
our Situation and Circumstances require. 



312 MINUTES OF THE 

" Distinguished by such signal Instances of paternal Regard from 
His Majesty, and by such indulgence from his Parliament, I need 
not mention to you, Gentlemen, the Conduct you ought to pursue. 
I know your own Hearts will lead you, in return, to every act of 
Duty and Expression of Gratitude which a Loyal People can mani- 
fest on so happy an Occasion. 

"I am further to acquaint you, that I took the earliest Oppor- 
tunity to do that justice to the good People of this Province which 
their Conduct merited, by representing to the King's Ministers 
the Moderation and Decency with which they behaved under the 
Dissatisfaction & Uneasiness universally prevailing in America on 
account of the Stamp Act. In Answer to which I have now the 
Honour of His Majesty's Commands to assure You, Gentlemen, of 
His Royal Approbation of the wise and prudent as well as dutiful Be- 
haviour, which the Province of Pennsylvania has held amidst the 
two prevailing Distractions which so generally agitated the Colo- 
nies. 

" The late Resolutions of the House of Commons, mentioned in 
Mr. Conway's Letter, I have, agreeably to His Majesty's express 
Injunction, now ordered to be laid before you. 

"JOHN PENN. 

" June 3d, 1766." 



June the 4th day, A. M. 

Two Members waited on the Governor, and presented him the 
following Message from the Assembly, in answer to His Honour's 
Message of Yesterday : 

A Message to the Governor from tlie Assembly. 

" May it please your Honour : 

" We have taken into our Consideration your Honour's obliging 
Message of this da}^ accompanied with Mr, Secretary Conway's 
Letter of the 31st of March, the copy of a Law lately passed for re- 
pealing the Stamp Act, and the late Resolutions of the House of 
Commons. 

" We return your Honour our Hearty thanks for your Congratu- 
lations on the happy issue of this important affair ; and it gives us 
the highest Satisfaction to observe that his Majesty entertains the 
most favourable Sentiments of " the prudent as well as dutiful Be- 
haviour which the Province of Pennsylvania has held amidst the 
too prevailing Distractions which so generally agitated the other 
Colonies," and of your Conduct on this Occasion. 

"We shall, with the greatest Chearfulness and Pleasure, express 
the warmest Sense of Gratitude and Duty to his most Gracious Ma- 



PROVINCIAL COUNCIL. 313 

jesty, and his Parliament, for their "Wisdom, Justice, and Conde- 
scension, manifested to us by the Repeal of the Stamp Act, and for 
their further benevolent Disposition to give every Relief to the 
Trade of America, that our Situation and Circumstances require. 

" Permit us, also, to return your Honour our Thanks for the early 
Opportunity you took to do that Justice to the good People of this 
Province which their Conduct merited, by representing to His Ma- 
jesty's Ministers the Moderation & Decency with which they have 
behaved under the Dissatisfaction and Uneasiness universally pre- 
vailing in America on account of the Stamp Act. 

'' Pleased, as we ^re, of the present Opportunity of testifying our 
Joy and Felicity upon so happy an Event, give us leave to congratu- 
late your Honour upon your Marriage, and to oiFer our sincercst 
Wishes for your future Happiness. 

" Signed by Order of the House, 

"JOSEPH FOX, Spealcer. 
" June 3d, 1766." 



New Castle, Friday Gth June, 1766. 

Three Members of Assembly waited on the Grovernor with a Mes- 
sage from the House, acquainting him that they had met on the 
26th of last Month, pursuant to Adjournment, and had proceeded to 
prepare several Bills, which they should soon present to the Gov- 
ernor for his Concurrence, but in the meantime, requested to know 
if the Governor had any business to lay before them. His Honour 
made answer that, having lately received a Letter from His Ma- 
jesty's Secretary of State, acquainting him with the Repeal of the 
Stamp Act, and with other important matters, he should order a 
Copy of the same to be immediately laid before the House for their 
Perusal. 

The Secretary accordingly carried to the House a Copy of Mr. 
Conway's Letter, dated the 31st March last, and also, a Printed 
Copy of the Act of Parliament to repeal an Act for granting certain 
Stamp Duties in America. 



New Castle, Monday 9th June, 1766. 

The Assembly of the Government of the Lower Counties, during 
their Sessions, sent up the Governor for his perusal and Concurrence 
Nine Bills entituled as follow, viz'-: 

"An Act for the Embanking and Draining a parcel of Marsh on 
Pearman's Branch, in Kent County." 



314 MINUTES OF THE 

"An Act for the Embanking and Draining a parcel of Meadow 
Marsh and Cripple in Christiana and Mill Creeks Hundreds, in the 
County of Newcastle." 

"An Act for keeping in good Repair the Banks and Sluices of a 
parcel of Marsh in S'' George's Hundred, in the County of New- 
castle." 

"An Act for draining the Marsh near Pagan Creek, in Sussex 
County." 

"An Act for aiding the discontinuance of the Process of the Su- 
preme Court within this Government." 

"An Act for the relief of llobert Chalfant, a Prisoner in the 
Gaol of New Castle." 

"An Act for draining and improving certain Swampy and Sunken 
Ground, commonly called the Green Drains, in Sussex County." 

"An Additional Supplementary Act to the Act for regulating the 
Publick Roads in New Castle County." 

"An Act for regulating the Streets & Alleys in the Town of 
New Castle." 

The said Bills were duly read and considered by the Governor, 
Benjamin Chew, and Richard Penn, Esquires, Members of Council, 
and after making some Amendments to a few of them, to which the 
House acceded, they were severally agreed to. 

The Governor having then acquainted a Committee of Assembly 
that he was ready to receive the House immediately at his Lodgings, 
in order to pass the Bills, They accordingly attended with the 
aboveraentioned nine Bills, which the Governor enacted into Laws, 
. Signed a Warrant for affixing the Great Seal thereto, and directed 
the Secretary to accompany two Members of Assembly to see them 
Sealed and Deposited in the Rolls Office. 

The Speaker then presented to the Governor Orders on the Trus- 
tees of the Loan Office for £ 100, for which His Honour thanked 
the House. 



At a Council held at Philadelphia, on Thursday 19th June, 
1766. 

PRE.SENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &c*- 

Richard Peters, Benjamin Chew, } j^ „. 

Lynford Lardner, Richard Penn, ) ^ 

The King having lately testified, in a remarkable manner, the 
most Paternal Aflection and condescending Goodness towards the 
Subjects of his American Colonies, by passing a Law for the repeal- 
ing of an Act granting certain Stamp Duties in America, The 
Council judged it the duty of this Government to return their most 



PROVINCIAL COUNCIL. 315 

unfeigned Thanks to His Majesty, and to express their high Sense 
of his goodness for so signal an Instance of His Royal Favour, by 
a proper and dutiful Address from the Governor & Council of this 
Province. 

The following Address was accordingly prepared, approved, & 
signed by the Governor and Members of Council present, and after- 
wards it was carried to all the absent Members, who also approved 
k signed the same, except W"- Logan, who was at Burlington. 

31r, Chew then inclosed the Address in a Letter to the Honour- 
able Thomas Penn, Esq'' and transmitted it by the Packet from 
New York. 

" TO THE KING'S MOST EXCELLENT MAJESTY. 

*^The Address of flie Governor and Councilof the Province of Penn- 
sylvania, and Counties of N^eic castle, Kent, and Sussex, on Del- 
aioare. 

'' We, your Majesty's Faithful Subjects, the Governor and Coun- 
cil of the Province and Counties aforesaid, with the most profound 
Submis.-ion, beg leave to approach the Throne on an Occasion the 
most affecting & interesting to us and all your other American Sub- 
jects. 

" Permit us. Royal Sir, with Hearts overflowing with Gratitude, 
humbly to acknowledge the manifold Instances of your Paternal 
Tenderness and Affection, extended to your Subjects in this dis- 
tant part of your Empire, and, in a more especial Manner, to ex- 
press our lively Sense of your Majesty's unbounded Goodness, and 
the disinterested Benevolence of your Parliament, in the late Re- 
peal of the Act imposing certain Stamp Duties in your Colonies. 

" We rejoice in this Opportunity of declaring that Your Majes- 
ty's Admiuistration hath been distinguished by the strictest Regard 
to Justice, and an unwearied attention to the Welfare and Happi- 
ness of your People. But when we reflect on this late signal In- 
stance of your Majesty's exalted Virtue, that you have been gra- 
ciously pleased to hearken fro the Cries of your Subjects, and to 
stretch forth your Royal Hand to their Relief, notwithstanding 
many of them (blinded by a misguided Zeal) have committed Acts 
injurious to your Government, we are impressed with the highest 
Reverence for your great Magnanimity & princely Condescension. 

"We trust that your Majesty cannot fail to receive the warmest 
returns of Gratitude and Loyalty from all your Subjects. For 
ourselves, We humbly beseech your Majesty to accept of our un- 
feigned Assurances that our Hearts are firmly attached to your Sa- 
cred Person and Government, our Affection to our Mother Country 



316 MINUTES OF THE 

inviolable, and our Lives and Fortunes entirely devoted to Your 
Majesty's Service. 

^'BENJ. CFIEW, LAWRENCE GROWDEN, 

" THOS. CADWALADER, RICHARD PETERS, 

"RICII'D PENN, Jun^' LYNFORD LARDNER, 

"JOHN PENN Lieut'- Gov' • BENJAMLN SHOEMAKER, 
" JOSEPH TURNER. 

"June 19th, 176G." 



At a Council held at Philadelphia on Friday the 15th of Au- 
gust, 176t). 

PRESENT : 

The Hon"" JOHN PENN, Esquire, Lieutenant Governor, «&c*- 
Lynford Lardner, Benjamin Chew, 

Richard Penn. 

Several Burglaries and a Robbery on the Highway having been 
lately committed in and near this City, The Board took into Con- 
sideration the necessity of putting an immediate Stop, if possible, 
to such Villianies, by discovering and punishing the Authors of 
them, and advised the Governor to issue a Proclamation, offering a 
Reward of Fifty Pounds for the apprehending and convicting each 
Offender, and promising a Pardon to any Accomplice who shall 
make a full discovery of all the Persons concerned in the said Bur- 
glaries and Robbery, so that they be convicted. 

A Proclamation being immediately drawn up, was approved and 
ordered to be printed, and Copies dispersed through the City and 
Suburbs, and also to be inserted in the Pennsylvania Gazette and 
Journal. The said Proclamation follows in these words, viz'- : 

" By the Ilonourahle JOHN PENN, Enquire, Lieutenant Gov- 
ernor and Commander-in-Chief of tlic Province of Pennsi/lvania, 
and Counties of Newcastle, Kent, and Sussex, on Delaware. 

"A PROCLAMATION. 

" "Whereas, Information hath been made to me, that several 
Burglaries have lately been committed in the City of Philadelphia, 
'and its Suburbs, to the great Terror and Annoyance of His Majes- 
ty's good Subjects ; and also, that on Tuesday Evening last, a Rob- 
bery on the Highway was committed on a Person passing between 
the said City and the Lower Ferry, on Schuylkill : ,^nd Whereas, 
it is of great Importance to the Public that a stop should, as soon 
as possible, be put to crimes of so evil & pernicious a Nature, by 
detecting the Authors and Perpetrators of those Villainies, so that 
they may be brought to condign and exemplary Punishment. I 



PROVINCIAL COUNCIL. 317 

have, therefore, thought fit, with the Advice of the Council, to 
issue this Proclamation, hereby offering a Reward of Fifty Pounds 
to any Person or Persons who shall apprehend or make known, and 
cause to be apprehended, all any or either of the Persons concerned 
as Authors, Perpetrators or Accomplices, in any of the said Bur- 
glaries or Robbery above mentioned, so that he or they shall be 
convicted thereof, according to the due Couri^e of Law. And, I do 
promise, over and above the said Reward, to grant a Pardon to any 
Accomplice who shall make a full discovery of the other Persons 
concerned in the said Burglaries or Robbery, and cause them to be 
apprehended & convicted. 

" And I do hereby charge and command all Magistrates, Sheriffs, 
and other officers whatsoever, within this Government, to use their 
utmost Care and Diligence in detecting, apprehending, & securing 
the said Offenders. 
" Given under my hand and the Great Seal of the said Province, 

at Philadelphia, the fifteenth day of August, in the Year of our 

Lord One thousand seven hundred and Sixty-Six, & in the Sixth 

Year of His Majesty's Reign. 

"JOHN PENN. 

" By His Honour's Command. 

" Joseph Shippen, Juu'' Secretary." 
"GOD SAVE THE KING." 



Tuesday 9th September, 1766. 

Two Members of Assembly waited qn the Governor this morn- 
ing, and acquainted hira that the House were met pursuant to ad- 
journment, and desired to know if he had any Business to lay be- 
fore them; to which His Honour made answer, that he had some 
matters to recommend to them, which he should communicate by a 
Message to the House to-morrow morning. 



At a Council held at Philadelphia, on Wednesday the 10th of 
September, 1766. 

PRESENT. 

The Hon"''- JOHN PENN, Esquire, Lieutenant Governor, &c. 

Richard Peters, Benjamin Chew, ? -r. „ 

Richard Penn, 5 ^'^ 

The Governor laid before the Board, for their Consideration & 
advice, several Letters which he lately received from Gen'- Gage, 
making a requisition for providing Quarters & necessaries agreeable to 
the late Act of Parliament for His Majesty's Troops, which should 
be sent into this Province. 



318 MINUTES OF THE 

His Honour aLsolaid before the Board his Majesty's Instructions, 
dated 24th October, 1765, for removing the People settled to the 
Westw''" of the Allegheny Mountains, and also another Letter from 
Gen'- Gage, with Extracts of a Letter from Mr. Croghau, dated at 
Fort Pitt, the 2Gth May, 1766, and an abstract from his Journal, 
acquainting his Honour with the necessity of speedily driving away 
the Settlers on the Indian Lands at lied Stone Creek, and on the 
Monongahela, and offering the aid of the King's Troops for that 
purpose. 

The said Letters and Papers were read, & follow in these 
words : 

A Letter froin General Gage to the Governo'''. 

''New York, June 15, 1766. 
"Sir: 

"A Detachment of the Royal Highland Regiment which took 
Possession of the Illinois Country, is just arrived in this Port from 
Pensacola, and as they will March on the 17 Inst'- for Philadelphia, 
I am to bcj-; the favour of you to give Directions that they may be 
supplied with Quarters and Carriages when they sliall enter the 
Province of Pennsylvania, according to the Act of Parliament 
made in that respect; and that they may be also provided with 
Quarters in Philadelphia, where the Detachment is to remain till 
further Orders. I have the honour to transmit you herewith a 
Return of their Numbers. 

" I am, with great Regard, Sir, 

" Your most Obedient h'ble Servant, 

" THO' GAGE. 
'' Hon"- L'- Gov^- Penn." 

" Return of a Detachment of the 42d Regiment, order'd to March 
to Philadelphia: 

" 1 Captain, 3 Subalterns, 1 Mate, 5 Serjeants, 2 Drums, & 102 
Rank and File. 



*'New York, June 15, 1766." 



" THO'- GAGE, 



A Letter from General Gage to the Governor. 

" New York, 15th August, 1766. 
« Sir : 

**As His Majesty's Service may oblige me to send Troops to Phila- 
delphia, I herewith inclose you a return of the strength of a Bat- 
talion compleat, that you may be pleas'd to order Provision to be 
made for Quartering & Providing them according to the Act of Par- 



PROVINCIAL COUNCIL. 319 

liaraent. As some Officens may be absent, and others may have 
double Commissions, I cannot as ye^. exactly ascertain the numbers 
that Provision should be made for; But as soon as it is in my 
Power, I shall give you an exact Return of them, as also timely 
Notice when you are to expect them. I only write now to give you 
previous Notice, as the Service may require that Troops should be 
sent to Philadelphia. 

" I am, with great Regard, Sir, 

" Your most Obedient humble Servant, 

'<THO' GAGE. 
*'Hon''' L'' Gov' Penn." 



320 



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PROVINCIAL COUNCIL. 321 

"His Majesfi/'s Instruction to the Governor. 

" George R. 

*' [L. S] Instruction to our Trusts/ and well-hehved JOHN PENN, 
Esquire, Lieutenant Governor of our Province of Pennsyl oania, 
in America, Given at Our Court at St James's, the 24</t day 
of October, 1765, in the Fifth Year of our Reign. 

" Whereas, it hath been represented unto us, that several 
Persons from Pennsylvania and the back Settlements of Virginia, 
have migrated to the Westward of the Allegheny Mountains, and 
there have seated themselves on Lands contiguous to the River 
Ohio, in express disobedience to Our Royal Proclamation of the 7th 
of October, 1763 ; It is therefore Our will and Pleasure, and-'you 
are hereby strictly enjoined and required, to use your best En- 
deavours to suppress such unwarrantable proceedings, and to put a 
stop to these and all other the like Encroachments for the future, by 
causing all Persons belonging to the Province under your Govern- 
ment, who have there irregularly seated themselves on Lands to the 
Westward of the Allegheny Mountains, immediately to evacuate 
those Settlements, and that you do enforce, as far as you are able, a 
more strict Obedience to Our Commands, signified in Our said 
llo}al Proclamation, and provide against any future Violence 
thereof. 

"G. R." 



A Letter from Gen' I Gage to the Governor. 

" New York, July 2d, 1766. 
<'Sir: 

*' I take the Liberty to inclose you some Extracts from Papers 
and Letters which I have received from Fort Pitt, in consequence 
of a meeting held there with several Indian Nations who come to 
lay their complaints before us. The Murthers which have been 
too frecjuently committed and gone unpunished, and the people 
settling themselves upon the Lands belonging to the Indians, It's 
greatly to be feared, unless some speedy and vigorous measures are 
taken to prevent both, will too soon involve us again in all the 
misery of an Indian war. You will best know what is the most 
proper to be done on such Occasions. I can only offer you every 
assistance in my power that you may have occasion for, either to 
apprehend and secure the jNIurtherers, or to drive the Settlers off 
any Lands belonging to the Indians, which they may have taken 
possession of in your Province. If you will please to take proper 
and legal methods, as I presume Red Stone Creek is within your 
VOL. IX. — 21. 



822 MINUTES OF THE 

Government;, the Garrison of Fort Pitt sball assist to drive away 
the Settlers, and it seems right that a number of Indian Chiefs 
should be present to see our desire to do them Justice. If I don't 
mistake, the crossing of the Mountains and Settling on their Lands 
was the chief Occasion of the defection of the Indians dependent on 
Pennsylvania, particularly the Shawanese and Delawares, at the 
breaking out of the last French war. 

" I have the boner to be, Sir, 

" Your most Obedient humble Servant, 

« THOS. GAGE. 
'* Hon'''" 1/ Governor, Pennsylvania." 



Eoctracts of an Abstract from Mr. Crogliaris Jouj-nal. 

Dated Fort Pitt, 22 May, 176G. 

" Major Murray informed me that there were several Chiefs of 
the Shawanese, Delawares and Six Nations, & Hurons from San- 
dusky, with a considerable number of Warriors, who had waited a 
long time to see me, that they were very discontented in their Minds 
on account of having several of their people killed by the English, 
some on the Frontiers of Virginia, Pennsylvania, and the Jerseys, 
besides three Shawanese murdered & Plundered by two men who 
ran away from this Post down the River. 

" The 24th. — I bad a meeting with the Six Nations & Delawares 
and Huron Chiefs, when they made great Complaints about seve- 
ral of their People being Murdered on the Frontiers of the seve- 
ral Provinces ; say they have lost five Men on the Frontiers of Vir- 
ginia, one near Bedford in Pennsylvania, and one in the Jerseys. 
This Conduct they say of their Fathers the English, does not look 
as if they were disposed to live in Peace with their Children, the 
Indians; Besides that, as soon as the peace wa.=? made last Year, 
contrary to our Engagements to them, a number of our people came 
over the Great Mountain and settled at Bedstone Creek & upon the 
Monongahela, before they had given the Country to the King, their 
Father. And that after the unnatural War that has been carried ' 
on between them and their Fathers, the English, for some years 
past, and the loss of their people on the Frontiers this Spring, 
they have great reason to dread the consequences that may attend 
our Inhabitants and their young Warriors mixing so soon together 
in that part of the Country, For tho' all their different Tribes are 
heartily disposed to perform all their Engagements and promote 
the good work of Peace, Yet if their Fathers continue to Murder 
their People whenever they caught them in their Settlements, and 
break their Engagements to them, they can't be accountable for the 
future Conduct of their Warriors, who are governed only by the 
persuasion of their Chiefs." 



PROVINCIAL COUNCIL. S23 

Extract of a Letter /ro^n Mr. CrogJian to his ExcelVcy. GenH Gage, 

Dated Fort Pitt, 26 May, 1766. 

" Major Murray and I have appointed a time when we shall speak 
to all the Nations here, and eadeavour to remove their Dissatisfac- 
tions on account of the Murders eoniffiitted on their People, & all 
other causes of Complaints, and flatter myself we shall be able io 
remove their present disgust, as I am coaviaced they have an ardent 
desire to live in peace with us, from the open and free mannor they 
havemad-e known their Causes of Complaints. But if some eflFectual 
measures are not speedily taken to reiaove those People settled on 
Red Stone Creek, 'till a boundary caa bo properly settled as pro- 
posed, and the Governors pursue Vigorous measures to deter the 
Frontier lahabitants from Murthoring Indians which pass to and 
from llorr against their natural Enemies, the Consequences may 
be dreadful, & We involved ia all the Calamitys of another general 
War." 

The Board having taken the foregoing Letters into Consideration, 
advised the {rovernor to lay the same before the Assembly, and to 
recoiHRsend it totkeie by a Message to establish a Fund for defray- 
ing the Espences of providing Quarters, &c., for his Majesty's 
Troops to be sent intotfeis Province, and of I'emoving the Intruders 
on the Indian's Lands. 

The following Message was accordingly prepared, approved, and 
Sent to the Assembly, together with tke Several Letters from the 
General, & other papers therein referred to : 

A Message frtm the Governor to the Assembly. 

"OentleaeB : 

" I am to inform you that a Detachment of the Royal Hig'n-. 
land llegiiwent, in the month of June last, was sent into this 
Province from New York, by his Excellency G-eKeral Ga,";e, and 
have ever since been quartered in the Barracks in this City. I 
have, also, been lat-ely favoured wit'Ii a Letter froa.'. the GeneraL 
wlicrein he ^ives me notice that his Majesty's Service will soon 
oblige him to Send a compleat Battalion of the King's Forces,, 
consisting of Five hundred men, OScors included, and desires 
me to order provision to be m&de for quartering iSc providing 
them, according to aa Act of Parliament, passed in the Fifth Year 
of His present Majesty''s Reign, intituled 'An Act to amend and 
render more effectual in his Majesty's Dominions m America 
tin Act passed in this present Session of Parliam-ent entituled 
*An Act fur punishing iMutiny & Desertion, and lor the better 
payment of the Aruiy and their Quarters." This Act, among othep- 
things, requires that the King's Troops in their Quarters should bO' 
furnislied and supplie<J. at the Expencc <!'f the Province, with Suadrj^- 



824 MINUTES OF THE 

Decessaries, without paying anything for the same. For your more 
full Information, I have ordered the Act to be laid before you ; and 
as there is no money in the public Treasury, you must be Sensible 
that it is impossible for me to comply with the General's Requisi- 
tion without your aid; I, therefore, most earnestly recommend this 
matter to your Consideration, and hope you will establish a Fund 
sufficient for the Occasion. 

" You will find, by another of the General's Letters of the 2d of 
July, herewith laid before yoU; that the Western Indians complain 
loudly of the Encroachments made by our people upon the unpur- 
chased Lands. As nothing can be of more Importance to the Pro- 
vince, or consistent with Justice;, than the speedy Redress of this 
Evilj for the doing of which, I have his Majesty's express Com- 
mands, I propose to take every measure in my power to compel all 
those Intruders to quit their Settlements ; but as this necessary 
step cannot be taken without some Espence, I hope you will make 
timely provision for it. 

" JOHN PENN. 

"September 10th, 1766." 



Friday, 12th September. 

Two Members of Assembly waited on the Governor, and pre- 
sented him a Message from the Honse, in the following words, viz'- ; 

A Message to the Governor from the Assembly, 

" May it please Yonr Honour : 

"We have taken into our Conaideration your Message of the 
tenth instant, and are heartily disposed to u>ake provision for the 
quartering and providing the Troops, which bis Excellency General 
Gage has informed your Honour will soon be sent iato this Pro- 
vince, and we shall accordingly Frame a Bill to be sent up to your 
Honour to establish a Fund for that purpose. 

"The Intelligence which your Honour has been pleased to com- 
municate to us, respecting those lawless Intruders on the Lands to 
the Westward of the Allegheny Mountains, is truly alarming^ as- 
auch unwarrantable proceedings may involve His Majesty's Sub- 
jects in this and the neighbouring Governments, in all the Calama- 
ties of an Indian V/ar, if those Settlers should be suifered to con- 
tinue there. 

'^But as we apprehend many of those ?ash people have gone from; 
Virginia, between which province and this the Boundary has not 
been exactly ascertained, nor is it distinctly known on which side 
«>f the supposed Boundary those people are seated, &as that Province 
^ill be alike involved in the fatal Consequences of such a maaifest 



PROVINCIAL COUNCIL. 325 

Breach of Faith with the Indians, We beg leave to recommend it 
to your Honour to take the earliest opportunity to communicate to 
(joveruor Fauquiere the Necessity of Lii.s uniting with youin taking 
the most expeditious as well as eiFectual Steps to remove those In- 
truders on the Lands to the Westward of the Allegheny Mountains, 
agreeable to his Majesty's Proclamation. 

" We are fully sensible this Business cannot be effected without 
Expence ; and as we are animated with the warmest desii*e to pre- 
serve the Peace so happily established with the Indians, and the 
People of this Province have ever been ready to give their Money 
cheariuUy for that good purpose, we cannot doubt that the succeed- 
ing Assembly will provide a Fund to discharge our Proportion of 
such reasonable Expence as your Honour may be put to, when ever 
you shall lay the Accounts before them for that purpose, or for the 
removal of Persons who have, or hereafter may attempt to settle or 
make Encroachments on any part of the unpurchased Lands withia 
this Province, 

" Signed by Order of the House. " 

'' JOSEPH FOX, Speaker. 
" September 12th, 1766." 



At a Council held at Philadelphia on Thursday the 18th Sept., 
17G6. 

present: 

The Honorable JOHN PENN, Esquire, Lieutenant Governor, 
&c. 



Benjamin Chew, Lynford Lardaer, 

Richard Penn, 



Esq''- 



The Governor laid before the Board Sis; Bills sent up by the 
House for his Honour's Concurrence, which being read and approved, 
•were ordered to be returned to the Hou.se without any Amend- 
ments. The Titles of the Bills are as follows, viz'- : 

1. "A Supplement to the Actentituled 'An x'^ct to enable certain 
persons therein named to erect a Court House at Easton, in the 
County of Northampton, and to levy a Tax upon the Inhabitants 
■of the said County to defray the Expence thereof.' " 

2. "An Act the better to enable persons therein named to hold 
Lands, and to invest them with the privileges of natural born Sub- 
jects of this Province." 

3. "An A-ct to enable the Comm'rs herein after named to 
settle the accounts of the managers, and to sue for & recover from 
several persons such suras of Money as are now due and unpaid on 
account of a Lottery set up & drawn, for erecting a House of Wor- 
ship at Carlisle, in the County of Cumberland." 

4. "A Supplement to the Act entituled 'An Act for granting to 
his Majesty the sum of £ 55;000, and for striking the same in Bills 



^6 MINUTES OF THE 

of Credit, and for providing a Fund for sinking the said Bill;? of 
Credit by a Tax on all Estates, real and personal, and Tasables 
within this Province.' " 

5. "A Supplement to an Act entituled 'An Act to prolong the 
time limited for drawing the Lottery instituted & directed to be 
drawn in & by virtue of an Act entiti^led An Act for raising, bj 
way of Lottery, tbe Sum of Three thousand Three Pounds fifteen 
Shillings, to be applied to the payment of the arrears of debt due 
for the finishing St. Peter's and St. Paul's episcopal Churches m 
the City of Philadelphia.' " 

6. "An Act for granting to bis Majesty tbe sum of £4,000 out 
of the Moaey now remaining in the hands of the ProviDcial Trea- 
surer.''^ 



Friday, 19th September, 1769. 

Two Members of Assembly waited on the Governor with a verbal 
Message from the House, requesting his Honour would be pleased 
to appoint a time for passing the Bills which had received his As- 
sent; and also two Members of Council to compare them with the 
engrossed Copies. The Governor acquainted them that he would 
be in the Council Chamber at 12 o'Clock to-morrow, in order to pass- 
the Bills, and should appoint a Member of Coune-il and the Secre- 
tary to join with two Members of the House to collate them this- 
afternoon. 



Council Chamber, 20th Septem'- 12 O'clock, A. W. C 

The several engrossed Copies being compared with their Originals 
and found to agree, the Governor sent the Secretary to the House 
with a Message requiring their attendance. The whole house at- 
tending accordingly, the Speaker pr-esented to the Governor the six 
Bills which had been agreed to, viz'-: 

1. " A Supplement to the Act entituled 'An Act to enable cer- 
tain persons therein named to erect a Court House at Easton, ia 
the County of Northampton, and to levy a Tax upon the Inhabitants 
of the said County, to defray the Expcnce thereof.' " 

2. "An Act the better to enable persons therein named to hold 
Lands, and to invest them with the p/rivileges of natural bom Sub- 
jects of this Province." 

3. "An Act to enable the Commissioners herein after named, to 
settle accounts of the Managers, and to sue for & recover from 
several persons such sums of Money as are now due and unpaid, on 
account of a Lottery set up & drawn, for erecting a House of Wor- 
ship at Carlisle, in the County of Cumberland." 

4. " A Supplement to the Act, entituled ' An Act for granting to 
his Majesty the Sum of £55;>000, and for striking the same in Bills 



PROVINCIAL COUNCIL. 327 

of Credit, and for providing a Fund for sinking the said Bills of 
Credit by a Tax on all Estates, real and personal, and Taxablee 
within this Province.' " 

5. " A Supplement to an Act entituled ' An Act to prolong the 
time limited for drawing the Lottery instituted & directed to be 
drawn in & by virtue of an Act entituled, 'An Act for raising by 
way of Lottery, the sura of £.3003 15, to be applied to the pay 
naent of the arrears of debt, due for the finishing St. Peter's and St, 
Paul's Episcopal Churches in the City of Philadelphia." " 

G. " An Act for Granting to his Majesty the sum of £4000 out of 
the Money now remaining in the hands of the Provincial Treasurer;" 
which the Governor was pleased to enact into Laws; and signed a 
V»^arrant for affixing the great Seal thereto; and they were ordered 
to be deposited in tihe Rolls Office. 

The Speaker then presented a Certificate for £500 to his Honoxir, 
for which he returned Thanks to the House. 



At a Council held at Philadelphia, on Tuesday the 23d day of 
September, 1766. 

PRESENT : 

The Hon"''- JOHN PENN, Escf" Lieut. Governor, &c. 

Benjamin Chew, Richard Penn, Esqrs. 

The Board having considered the necessity of taking some speedy 
measures for the removal of the people who have Seated themselvoB 
on any of the Indian Lands within this Province, advised the Gov 
ernor to issue a Proclamation, commanding in his Majesty's name, 
all persons whatsoever, who have made any such settlements, im- 
mediately to relinquish them, and also, strictly forbidding all En 
ci'oachraents of the like kind for the future. 

A Proclamation being prepared, was approved, and ordered to be 
printed, and Two hundred Copies dispersed through all the back 
Counties, and sent to the different posts on the Communication to 
Fort Pitt, and also to be inserted in the Pennsylvania Gazette &. 
Journal. The Proclamation follows in these words : 

[Locvs SiijIlW] " Bij the IlanoiiraUe JOHN PENN, Esgtdre, 
JjieutenujU Governor and Commander-in-ClLirfoftlie Frovince of 
Pennsyloankty and Counties of Newcastle, Kent, and Sussex, mt, 
Delaware : 

"A PROCLAMATION. 

" Whereas, I have received Information that many ill-disposed 
persons, in express Disobedience of his Majesty's Proclamation and 
Royal Instructions, and regardless of the rights of the Proprieta- 
ries, or the Indians in Alliance with the English, have, without any 
Licence or Authority, seated themselves upon Lands within tbiB 



328 MINUTES OF THE 

Province, not yet purchased of the Nations^ And Whereas, the 
making such settlements doth greatly tend to irritate the Indians^ 
and may again involve us in a War with them, if not put an imme- 
diate stop to; And Whereas, I have lately received His Majesty's 
positive Commands to suppress such unwarrantable Proceedings, 
and to put an end to these and all other the like Encroachments 
for the future. I have, therefore, thought fit, with the advice of 
the Council, to issue this Proclamation, hereby strictly enjoining 
and requiring, in His Majesty's name, all Persons whatsoever, who 
have made any such settlements within this Province, immediately to 
evacuate & abandon them, as they will answer the contrary at their 
Peril; And I do hereby prohibit all his Majesty's Subjects, of this, 
or any other Province, or Colony, from making any Settlements, or 
taking any Possession of Lands, by marking Trees, or otherwise, 
beyond the Limits of the last Indian Purchase, within this Pro- 
vince, upon pain of the severest Penalties of the Law, and of being 
excluded from the privilege of securing such Settlements, should 
the Lands, where they shall be made, be hereafter purchased of 
the Indians; And Whereas, it has been reported that a certain 
Frederick Stump, a German, settled beyond the Indian Purchase 
near to Fort Augusta, had my Warrant or Authority for making 
such settlements; I do hereby declare that the said Eeport is utterly 
false and groundless, and that neither the said Stump, nor any 
other Person, ever had the least Encouragement from me to settle 
on any Lands unpurchased of the Indians, but that on the Con- 
trary, I have constantly denied every Application of that kind. 

"Given under my Hand and the Great Seal of the said Province 
at Philadelphia, the Twenty-third day of Septemlaer, in the Year 
of our Lord, one thousand seven hundred and sixty-six, and in 
the sixth Year of His Majesty's Reign. 

"JOHiN PENN. 
"By His Honour's Command. 

" Joseph Shippen, jun'' Secretary. 

"GOD SAVE THE KING." 



At a Conference held at Philadelphia, on Tuesday the 25th Sep- 
tember, 1766. 

PRESENT : 

The Honourable JOHN PENN, Lieutenant Governor, &c. 
Richard Peters, Esq"-' of the Council. 
Joseph Fox, Esq''' of the Assembly. 

Indians Present: 

Jemmy Nanticoke, Anthony Turkey, 

John Topy, Jacob Turkey, 

John Curtis, John Parrish. 



PROVINCIAL COUNCIL. 329 

Jemmy Nanticoke, addressing himself to the Governor, spoke as 
follows, by John Curtis, Interpreter : 
'^Brother: 

" Wc that are now present of the Nanticoke, Conoy, and Mo- 
hickon Tribes, and are come from the Council Fire at Chenango, 
and what we have to say to you is in behalf of the Counsellors sit- 
ting there, and ourselves. 

Then taking three Strings of Wampum, he said with the first : 

" Brother : 

" I clear your Eyes, and wipe away all your Tears ; with the sec- 
ond I take the Sorrow out of your Heart, and free it of all Grief 
and Trouble; and with the third I cleanse the Council Chamber, 
and remove all Dust and Filth from it. 

He then produced a black Belt, and said : 

" Brother : 

''It is now proper for us to mention to you that there has been a 
great deal of Wickedness of late, which hangs like a Cloud in the 
Air, and hinders us from seeing each other, and from transacting or 
settling such Business as we may have with one another. By this 
Belt, therefore, we remove these Clouds, and we now present it to 
you to shew our Joy that the great God of Heaven has brought us 
again together to see one'another with the same Brotherly affection 
we used formerly to do ; For we have not forgot all the Wicked- 
ness and Evils that have been committed of late Years between us; 
and we hope and desire you will do the same, and then our and your 
Children and grand-Children, who never saw these Things, and know 
as yet, nothing at all about them, may live together in Peace & 
Friendship. 

A Belt. 

Then producing a White Belt, with four black Diamond Figures 
in it, he said : 
"Brother: 

'• I am now to assure you that all tlie Obstructions & Blood which 
the late Wars have occasioned in the Road between the Council 
Fire at Philadelphia, that at Chenango, and the other at Onondaga, 
and which have prevented all communication between us, are now 
taken away, and the Road is opened again, and made so clear and 
good that we may travel it, and pass along freely and safely to see 
each other in the same manner as our Grandfathers formerly did, 
when tliey lived with you on Terms of the utmost Friendship. In 
confirmation of this we give you this Belt. 

A Belt. 

A Third Belt being then produced, he said : 
"Brother: 

" As we came down from our Country we stopped at Wyoming, 
where we had a Mine in two places, and we discovered that some 



330 MINUTES OF THE 

white People had been at work in the Mine, and had filled three 
Canoes with the Oar ; and we saw their Tools with which they had 
dug it out of the Ground, where they had made a hole at least forty 
feet long, and five or six feet deep. It happened formerly that some 
white People did now and then take only a small bit and carried it 
away j but these People have been working at the Mine, and have 
filled their Canoes. 

"You know, Brother, that by ancient Treaties, we are obliged to 
acquaint each other when anything hurtful shall happen to either 
of us. According to this, our Agreement, we now inform you of 
this injury done to us, which is a very bad thing, and may produce 
Mischief between us, because the Indians 0>ay resent it, and come 
and kill some of your People, which we should be very sorry for ; 
and if we did not inform you of it, you would justly blame us. 

'* Now by this Belt, we desire you will tell us, whether you know 
anything of this matter, or if it is done by your Consent. And we 
desire you will prevent anything of this sort for the future, that 
there may be no Breach between you and us on this Account. 

A Belt. 

He then added : 
" Brother : 

" We inform you that there is one John A.nderson, a Trader, now 
living at Wyoming, and we suspect that either he or somebody em- 
ployed by him has robbed our mine. This Man has a Store of Goods 
there, and it may happen, when the Indians see their Mine robbed, 
they will come and take away his Goods. You will then complain 
to the Council of Onondago, that such a robbery has been 
committed; and when the Indians make their answer, they will say 
they did it in return for the injury they received by the Robbery 
from their mine, and by these means the Robbery subsisting between 
us may be broken." 

Having finished what he had to say respecting their Friendship, 
be then delivered a Belt with seven square figures in it, and com- 
plained that the Indians were very poor, and begged the Governor 
would make a Present of a Saddle to Anthony, and a small Gun to 
Jacob, for shooting Pidgeons & Squirrels along the Road as he 
travelled home. 

Then by a white String, he begged a Horse for the old Coney 
Chief, whose name is Last Night, as he has lost the Horse which 
Governor Hamilton gave him, and was now grown fat and old, and 
could not do well without one. 

Then, by a black and white String, he begged a small Horse for 
the old Man John Topy, which he wanted for carrying his young 
Children and Things home. 

They concluded by John Parish's presenting the Governor with 
a long Peace-Pipe, that he might smoke with any Indians that 
should hereafter come down to confer with him about Friendship. 



PROVINCIAL COUNCIL. 331 



At a Conference held at Philadelphia, on Thursday Septem' 27th, 
1766 

PRESENT : 

The Honourable JOHN PENN, Esq' Lieutenant Governor, &c. 
Richard Peters, Esq'' of the Council. 
Joseph Fox, Esq'' of the Assembly. 
Jemruy Nauticoke, Antony Turkey, ~\ 

John Topy, Jacob Turkey, V Indians. 

John Curtiss, John Parrish, j 

*' Brethren Nanticokes, Conoys & Mohickons, living at Chinango : 

" We are glad to see you ; we take your visit kindly, and are 
pleased with all that you have said to us. 

A String. 

'* Brethren, 

"We agree with you, that when there has been any wickedness 
committed, it should all be removed, so that neither may bear any 
thing in our Hearts against one another, for any wickedness that 
has been done ; and therefore, before we proceed to give you an An- 
swer to your Speeches, we call to mind with grief of Heart, that 
three Indians of your Tribes, came to their Death in the heat of 
the War by some Parties of our Warriors, who did not know that 
they were of your Tribes, and took them to be Enemy Indians, and 
unfortunately killed them by mistake. And now. Brethren, with 
this String we take the Hatchets out of your Heads, and all Mourn- 
ing from your Hearts. 

A String. • 

" Brethren : 

'' With these Handkerchiefs we wipe away the Tears from your 
Eyes. 

"Brethren: 

" With these Strouds we cover their Graves. We have pulled 
up a great Tree and gathered together all the Bones & Blood and 
buried them all together in a deep hole, and planted this Tree over 
them, that neither we nor our Children may ever find the place 
where they are buried. And now, Brethren (we shall proceed to 
give you an answer), as many Things in a time of great wickedness 
have been done to hinder us from seeing one another and councilling 
together, We join with you in wiping all Tears from your Eyes, 
taking all sorrow out of your Hearts, and making the Council Seats 
clean from all Blood and Filthiness, that we may confer with the 
same Chearfulness and Openness our Grandfathers used to do. 

Three Strings. 

" Brethren : 

" We acknowledge with you the great Mercy of God in bringing 
us together after so much "Wickedness has been committed, and we 



332 MINUTES OF THE 

do hereby tell you, in behalf of ourselves and our Children, & their 
Children, that we have forgot all this Wickedness, and will never 
mention it more, that it may not come to the Ears of any of those 
that shall be born after us. 

A Belt. 
" Brethren : 

" We remember the Nanticokes and Conoys had a Council Fire 
formerly at the Mouth of Juniata; that they afterwards were ad- 
mitted into the great Council at Onondaga, & that they now have a 
Council Fire burning at Chenango ; and we most heartily join with 
you in opening the Roads, as well to Chenango as Onondago. We 
do on our parts make them quite clean, so that they may be freely 
and safely passed for you to visit us ; and we take all the old Chunks 
and pieces of wood about the Council Fire both at Chenango and 
Onondago, and heap them all together, that there may be nothing 
in the way, but you may safely travel in them when your occasions 
shall call you to visit us ; but as to Business that relates to the 
Public, you know this is transacted with General Johnson, who has 
His Majesty's Commission to settle all Public Business relating to 
Indians of all Nations. 
" Brethren : 

" We have heard what you say about the Mine at Wyoming ; 
we assure you that we know nothing of this matter, and if Ander- 
son has settled there, he has been guilty of a Breach of our Gen- 
eral Orders which we have given in His Majesty's Name, strictly 
forbidding all Persons whatsoever from going to live or settle in 
the Indian Country. However, we thank you for your Information ; 
shall make enquiry about Anderson, and shall do our Endeavours 
to prevent any thing of the sort for the future ; But you know that 
notwithstanding all our Care, as it is at such a Distance, People 
may go there and we know nothing of it. 

A Belt. 

" But in order to prevent any Misunderstanding or Quarrels be- 
tween us, we now desire that if any of our People should hereafter 
attempt to take away any Oar from your Mine, you will endeavour 
to learn their Names and give the Governor early Information of 
it, that he may call them to an Account for it, and you may let 
them know that you have the Governor's Orders for this." 

A List of the Goods, &c., presented by the Governor to the In- 
dians on this Occasion, viz' : 

8 Black Strouds, 12 Silk Handkerchiefs, 8 Indian Blankets, A 
piece of spotted Cotton Handkerchiefs, 2 Horses & a Saddle. 



PEOVINCIAL COUNCIL. 



833 



At a Council held at Philadelphia, on Saturday the 4th October, 
1766. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gov- 
ernor, &c. 

Benjamin Chew, 

Richard Penn, 

The Governor laid before the Board the Returns of the Sheriffs 
au'd Coroners elected for the several Counties in this Province, and 
the Government on Delaware, which being duly considered, the 
following Persons were appointed and commissionated as the Sher- 
iffs and Coroners for their respective Counties, viz'- : 



I Esq- 



William Parr, 
Caleb Cash, 
Philip Ford, 
John Trapnall, 
William Buckman, 
William Boyle, 
Jasper Scull, 
Christopher Witman, 
John Barr, 
Mathias Slough, 
Peter Kacklein, 
David Bahringer, 
David McConnaughy, 
Joseph Adlum, 
John Holmes, 
James Jack, 
John Thompson, 
James Walker, 
Thomas Collins, 
Solomon Wallace, 
Rhoads Shankland, 
Thomas Gray, 



Sheriff, 

Coroner, 

Sheriff, 

Coroner, 

Sheriff, 

Coroner, 

Sheriff, 

Coroner, 

Sheriff, 

Coroner, 

Sheriff, 

Coroner, 

Sheriff, 

Coroner, 

Sheriff, 

Coroner, 

Sheriff, 

Coroner, 

Sheriff, 

Coroner, 

Sheriff, 

Coroner, 



> Philadelphia County. 
I Chester D°" 

Bucks D"- 

I Berks D'- 

I Lancaster D^' 
i Northampton D"' 
I York D"- 

!■ Cumberland D"- 

New Castle D' 
I Kent D"- 

I Sussex J)°- 



At a Council held at Philadelphia, on Friday the 10th of Octo- 
ber, 1766. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c. 



Benjamin Chew, > -^ , 
Richard Penn, \ ^^^ 



The Governor laid before the Board the Records of Conviction 
of Dennis Scanlan, for a Robbery on the Highway, and of Abra- 



334 MINUTES OF THE 

ham Ryall and John Christ, for Burglaries, at a Court of Oyer 
and Terminer and General Gaol Delivery, held at Philadelphia on 
Tuesday, the 23d of September last, before William Allen, Will""' 
Coleman, and Alexander Stodman, Esquires, Justices of the Su- 
pream Court, &c., which were certified as true Transcripts by the 
Clerk of the said Court. By one of the said Records it appears 
that on the said twenty-third day of September, Dennis Scanlan 
was tried and convicted of Felony and llobbery on the Highway, 
committed on the Person of George Gray, the r2th day of August 
last, and had received Sentence of Death for the same. By another 
of the said Records it appears that on the said 2od of September, 
Abraham Ryall was tried and convicted of Felony and Burglary, 
committed in the mansion House of Samuel Burkeloe, in the Dis- 
trict of Southwark, the 10th of April last, and had also received 
Sentence of Death for the same And by the Other Record it ap- 
pears that on the said 23d of September, Jn°- Christ was tried and 
convicted of Felony and Burglary committed the 26th July last, 
in the mansion House of Chrisf' Aenger in the said City, and had 
likewise received Sentence of Death for the same. 

The Board taking these several Cases into due Consideration, 
and no Circumstances having been reported to the Governor by 
the Justices of the Said Supreani ('curt, nor otherwise appeared in 
their favour, excepting with respect to John Christ, the Board 
were of Opinion that the Sentences of the Court against Dennis 
Scanlan and Abraham Ryall should be put into Execution, and a 
pardon granted to John Christ. 

The Governor accordingly signed Warrants for the Execution of 
the two former, on Saturday the 18th of October, Instant, and is- 
sued a pardon for the latter. 



At a Council held at Philadelphia, ia the Council Chamber, on 
Wednesday the 15 October, 17GG. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c. 

Benjamin Chew, Richard Penn, Eq"- 

Eight Members of Assembly Avaited on the Governor last night, 
and acquainted him that pursuant to the Charter and Laws of this 
Province, a Quorum of the Representatives had met, and having 
proceeded to chuse their Speaker, desired to know when he would 
be pleased to receive the House, that he might be presented for his 
Honour's Approbation. 

The Govei'nor having appointed this day at 12 O'clock for that 
purpose, acquainted the House by the Secretary, that he attended 
his appointment in the Council Chamber, and was ready to receive 
the House with their Speaker. 



PROVNCIAL ICOUNCIL. 335 

The whole House accordingly came up, and presented Joseph 
Galloway, Esq""' as their Speaker, who, after receiving the Gover- 
nor's Approbation, claimed the usual Privileges in the name and 
behalf of the House, viz*- : 

1st. That the better to discharge the Business of the public, 
they may at all seasonable times have free access to the Governor,. 

2dly. That their persons may be protected from all Arrests & 
Insults during the time of privilege accustomed. 

3dly. That it may please the Governor to take no Notice of 
any Report that may be made touching any matter or thing that 
may bo moved or debated in the House until the same shall have 
passed into Resolves, nor give the least Credit to such Report. 

These being requested by the Speaker, as the Rights and Privi- 
leges of the Freemen of Pennsylvania, derived & confirmed to them 
by the Charter and Laws of the Province, and the Speaker further 
requesting of his Honour that his own unwilling mistakes may be 
excused, and not imputed to the House, the Governor was pleased 
to make answer that he looked upon them to be essential in a Re- 
presentative Body, and the House might depend on his care in pro- 
tecting them therein. 

The Governor afterward informed the Board that on the 1st of 
August, last, Mr. John Cox, Jun"^' of this City, presented him a 
Memorial, setting forth that on the 19th day of June last, when the 
Sheriff of Lancaster County, with a Jury, were, pursuant to an 
Order of Court, about to make a view of a Tract of Land in con- 
test between the said Mr. Cox, and Robert Potts, and about to run 
its Boundaries, the Sheriff was interrupted by Thomas Forster, 
E.sq'" one of the Justices of the Peace for the said County of Lan- 
caster, at the head of a mob of about 25 men, armed with Clubs and 
other Dangerous Weapons, who, together with the said Thomas For- 
ster, and at his instigation, abused and assaulted the Sheriff and Jurors, 
broke the Surveyor's Chain, and committed many Acts of Violence 
and Outrage; that, altho' the Sheriff produced and published his 
Authority, Mr. Forster treated him with very offen-sive and oppro- 
brious Language, and took great pains to inflame the Minds of his 
Adherents, and provoke them to a forceable opposition of the Sheriff; 
That the Sheriff called upon him at several times, to exert his Au- 
thority as a Magistrate, to command and keep the Peace, which he 
refused to do; and that upon being told the Governor should be 
made acquainted with his Conduct, he damned his Commission, 
&c"- 

His Honour further informed the Board that he immediately 
communicated to Mr. Forster, by Letter, the above Charges against 
him, in order to give him an Opportunity of exculpating himself, 
and disired him, if he intended to make any Justification of his 
Conduct, to acquaint him with the time he proposed to bring down 
his Witnesses for that purpose, that Mr. Cox might have Notice 
to attend; But that Mr. Forster had neglected to answer his Hon- 



336 MINUTES OF THE 

our's Letter, or to say any thing in his own Vindication ; And that 
be had since been well informed that Mr. Forster, with several per- 
sons, were indicted for the Misdemeanors above mentionedj at the 
last Court of Quarter Sessions at Lancaster. 

The Council taking this matter into Consideration, were of Opin- 
ion that Mr. Forster ought no longer to be continued in the Com- 
mission of the Peace ; The Governor, therefore, issued a Supereea- 
deas to remove him from the Magistracy. 



At New-Castle, Tuesday the 21st October, 1766, A. M. 

present: 
The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &c. ; and 

Richard Penn, Esquire. 
Three Members of the Assembly of the Government of the 
Lower Counties waited on the Governor with a Message fr im the 
House, that they had met yesterday, pursuant to the Charter and 
Laws of the Government, had chosen their speaker, and desired to 
know when an,d where they might present him to his Honour for 
his approbation. The Governor having answered them that he 
should be ready to receive the House immediately at his Lodgings, 
They accordingly attended, and presented Mr. John Vining as their 
Speaker, who, after being approved by the Governor, claimed, in 
behalf of the House, the usual privileges, which were allowed, and 
then they withdrew. 



Eodem die, P. M. 

A Message was delivered to the Governor by three Merabersj 
acquainting him that the House were duly qualified, and desired to 
know if his Honour had any Business to lay before them. The 
Governor answered that he had nothing to recommend to them, and 
desired they would proceed to do the business of their present Session. 



At a Council held at New Castle, on Saturday the 1st Nov'* 
1766. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ea. 

Benjamin Chew, > g j 

Richard Penn, ^ ^ 

The House having yesterday and this day sent up to the Gover- 
nor Eight Bills for his perusal and concurrence, his Honour laid 



PROVINCIAL COUNCIL. 337 

them before the Board for their consideration. The Board accord- 
ingly read and considered Six of the said Bills, entituled, as follow, 
viz' : 

L " An Act to enable a Majority of the owners and possessors of 
the Marsh and Cripple lying on prime hook Creek, in the County of 
Susses, on Delaware, to Embank and Drain the same, and to 
keep the outside Banks and Dams in good repair forever." 

2. " An Act for the more effectual draining and improving the 
Marsh on the North End of the Town of New Castle, in the Tenure 
and Occupation of John Finney, Esq"' the Rev"* Aneas Boss, James 
Sykes, Esq'' and John Maxwell, the Heirs of Benjamin Price, Dan- 
iel McLonen, Robert Morrison, John Silsbee, George Munro, Esq''- 
and Nathaniel Silsbee." 

3. " An Act to enable the Owners and Possessors of the Marsh 
and Cripple, lying upon Blackbird's Creek in Appoquinimink Hun- 
dred, and County of New Castle, on Delaware, to embank and drain 
the same, and to keep the outside Banks and Dams in good repair 
forever." 

4. "An Act to enable the owners of a piece of Marsh, on the 
South side of Pertdie Creek, fronting the river Delaware, effectu- 
ally to embank and drain the same, and to oblige all the Owners of 
the Marsh, situate on the said river, inclosed by a Bank running 
from a point of fast Land of Jonas Stidham to Delaware aforesaid, 
and down the same, to the Southerraost point of the fast Land of 
James Eves, to keep the same Bank and Dam in good repair for- 
ever, and to raise a Fund to defray sundry contingent and yearly 
Expenses accruing thereon." 

5. "An Act for aiding the discontinuance of the Process of the 
Supreme Court in the County of Sussex, and for appointing other 
days for holding the said Court within the said County." 

G. "An Act directing the choice of Inspectors and Assessors in 
this Government, and for the Amendment of an act entituled ' An 
Act for raising Rates and Levies,'" Which were returned to the 
House by the Secretary, with a few Amendments made to the three 
first, and a verbal Message that the Governor agreed to the three 
last mentioned Bills. 

Then were also read the two other Bills, entituled, 

1. "An Act to enable Mary Sykes, an Infant, by Guardian, to 
suffer common Recoveries of her real Estate in the Counties of New 
Castle and Kent, in order that the same may be held by her in Fee 
Simple." 

2. "An Act for the amending the Laws" relating to Testamentary 
Affairs, and for the better Settling Intestates' Estates." 

Which being duly considered, were returned to the House by the 
Secretary, with a verbal Message concerning the former, and a written 
Message respecting the latter. The said Messages follow in these 
words, viz'- : 

VOL IX. — ^22. 



338 MINUTES OF THE 

Verbal 31essage to the House, delivered hy the Secretary. 

" Sir : 

" The Grovernor returns the Bill entituled 'An Act to enable Mary 
Spykes, an Infant, by Guardian, to suffer common Recoveries of 
her real Estate, &c.,' and desires me to inform the House, that the 
reasons set forth in the Bill, do not appear to him of suflficient 
Weight, or of so much benefit & advantage to the Infant as to in- 
duce him to give his assent to alter & change the nature and 
Quality of the Estate she holds under the will of the Donor, Robert 
French ; and further, that he apprehends those in reversion or re- 
mainder, whose Interests are to be affected in this case, ought to 
have had notice of the Bill before it passes into a Law. Where- 
fore, at present, he cannot assent to it." 



A Message from the Governor to the Assembly. 

"Gentlemen : 

"I have considered the Bill entituled 'An Act for the amending 
the Laws relating to Testamentary affairs, and for the better set- 
tling Intestates' Estates,' with as much Care as the shortness of the 
time and the attention I have been obliged to pay to several long 
Bills just returned to you, would admit of. 

" The Motives which led you to the framing this Bill are very 
laudable ones, and I am most heartily disposed to concur with you 
in every Measure that can be devised for effectually securing minors 
and Orphans in the Enjoyment of their Estates ; but as I imagine 
the Sessions is drawing to a Conclusion, the present Bill appears to 
me of so much Importance, and of such a Nature, as to require more 
thought & Consideration than I can now give it. I therefore pro- 
pose, if it is not disagreeable to you, to take my Leisure to consider 
it during the recess of the House, and to return it at the next 
Sessions, with my Sentiments upon it. 

"JOHN PENN. 

"New Castle, 1st November, 1766." 

It being represented to the Governor that three Magistrates were 
wanted in Kent County, to accommodate the Inhabitants of those 
parts, where no Justice of the Peace lives within many miles dis- 
tance; And Jacob Stout, Fenwick Fisher, and Thomas Tilton, being 
recommended as proper & fit persons for that purpose, The Governor, 
with the advice of the Council, ordered a new General Commission 
of the peace to be prepared, leaving out such of those named in the 
last Commission as refused to qualify, and appointing the above 
named Gentlemen in their stead. 

A Commission was accordingly this day issued, assigning the 
members of Council and the following Gentlemen, Justices of the 



PROVINCIAL COUNCIL. 339 

Peace and of the County Court, Court of Common Picas, for the 
County of Kent, Viz'-: 

John Caton, John Barns, 

Richard Wells, James Sykcs, 

Thomas Irons, William Rhoades, 

Andrew Caldwell, William Rodney, 

Cacser Rodney, Robert Holliday, 

Charles Ridgely, John Clark. 

Robert Klllen, 

Jacob Stout, 

Fenwick Fisher, 

Thos. Tilton. 



Eodem Die, 7 o'clock, P. M. 

Three Members of Assembly waited on the Grovernor and ac- 
quainted him that the House were very thankful to his Honour for 
his Message concerning the Bill for amending the Laws relating to 
Testamentary Affairs, and settling Intestates' FiStates ; But that, as 
it was a Bill wliich the House had much at heart, and had given 
great attention to, during their last as well as present Sessions, & 
would, it passed into a Law, be of very considerable Use and Bene- 
fit to their Constituents, The House earnestly requested the Gov- 
ernor would be pleased to take it under his Consideration at this 
Sessions, and that, unless the public Business of Pennsylvania 
require his immediate attendance at Philadelphia, The House were 
inclined to sit as many days longer as the Governor should think 
requisite, in order to deliberate upon a Bill of so much Importance 
to the Government. 

Whereupon the Governor resumed the Consideration of the Bill 
for amending the Laws relating to Testamentary Affairs and better 
settling Intestates' Estates; and after some time spent therein, 
having made several material Amendments to it, returned it to the 
House, with a verbal Message by the Secretary, "that his Honour 
had made some hasty amendments to it, and, if the House agreed 
to them, was ready to pass the Bill into a Law, tho' he should have 
been glad to have had it in his power to give more time in the Con- 
sideration of it." 



Eodem die, 11 o'clock, P. M. 

The House sent a Message to the Governor by three Members, 
acquaintii:g him that they had acceded to the Amendments proposed 
by hia Honour to the Intestate Bill, as well aa to The othera which 



840 , MINUTES OF THE 

had been returned to the House ; and they desired the Governor 
would be pleased to appoint a time for passing the Bills. His Honour 
having answered, that he was then ready to receive the House, 
They immediately attended at his Lodgings, and the Speaker pre- 
sented the Seven Bills agreed on, which the Governor enacted into 
Laws, signed a Warrant for affixing the Great Seal thereto, and di- 
rected the Secretary to accompany two Members of Assembly, to 
see them Sealed and deposited in the Rolls Office. The Speaker 
then delivered to the Governor Orders on the Trustees of the Loan 
Office for £200, for which he returned Thanks to the House. 



7th November, 1766. 

MEMORANDUM. 

It being represented to the Governor that two Justices of the 
Peace were wanted in Berks County, in the room of William Maug- 
ridge and Jacob Le van, Esq"' deceas'd,and Sebastian Zimmerman 
and Nicholas Harmony, being recommended as Proper and fit Per- 
sons to be Commissionated for that purpose, The Governor according- 
ly appointed thembyissuinga special Commission, assigning the said 
Sebastian Zimmerman and Nicholas Harmony, Justices of the Peace 
and of the County Court of Common Pleas for the said County of 
Berks. 



At a Council held at Philadelphia, on Saturday the 15th of 
November, 1766. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c. 

Benjamin Chew, Richard Penn, Esq"' 

The Governor haviflg, on Saturday last, received by the Packet 
the following Letters, laid them before the Board for their Conside- 
ration, viz'-: Two from the Right Honourable the Earl of Shclburne, 
'one of His Majesty's Principal Secretaries of State ; one dated the 
'9th of Aug'-' 1766, inclosing his Majesty's Order in Council of the 
8th of the same Month, and the other bearing date the 13 Septem- 
ber last. Also, a Letter from the Right Honourable the Lord's 
Commissioners for Trade and Plantations, dated the 1st of August, 
1766, which were read, and are as follow, viz'-: 



PROVINCIAL COUNCIL. 341 

A Letter to the Governor from the R't. Hon'ble. the Earl of Shel- 

hurne. 

" Whitehall, 9th August, 1766. 
<'Sir: 

The King having been pleased to make an Order in Council, 
bearing date the 8th Instant, which revokes and repeals every Clause 
and Article contained in the Order made by his late Majesty in 
Council, on the 11th day of March, 1752, I transmit to you here- 
with, in Obedience to the above mentioned Order, a Copy of the 
same for your Information and Observance. 

"lam, with great Truth and Regard, Sir, 

" Your most Obedient humble Servant, 

'' SHELBURNE. 
" Deputy Governor of Pensilvania." 



Hop?/ of His Majesti/s Order in Council, dated the Sth Aug'st, 

1766. 

" At the Court at St. James's the 3th day of Aug'- 1766. 

" PRESENT : 

"THE KING'S MOST EXCELLENT MAJESTY. 
" Lord President, Earl of Hillsborough, 

"Lord Privy Seal, pjarl of Shelburne, 

" Duke of Grafton, Viscount Falmouth, 

" Earl of Hertford, Mr. Secretary Conway. 

" Whereas there was this day laid before his Majesty, at this 
Board, an Order made by His late Majesty in Council on the 11th 
day of March, 1752, containing several Rules and Regulations re- 
lating to his Majesty's Colonies and Plantations in America, par- 
ticularly with respect to the Correspondence to be carried on be- 
tween the Lords Commissioners for Trade and Plantations & the 
<Jovcrnors of the said Colonies and Plantations respectively. His 
Majesty, taking the aforementioned Order into his Consideration, 
is hereby pleased, with the advice of His Privy Council, to revoke 
and repeal the same, and every Clause, Article and thing therein 
contained. And His Majesty doth hereby signify his further plea- 
sure that the Lords Commissioners for Trade and Plantations do cause 
a Copy of this Order to be entered upon the Books of the Planta- 
tion Office; And that one of his Majesty's Principal Secretaries of 
State do cause Copies thereof to be sent to the Governors of his 
Majesty's Colonies and Plantations in America, to the End that all 
Persons concerned may govern themselves accordingly. 

" And his Majesty doth hereby further Order that the said Lords 
Commissioners for Trade and Plantations do prepare the Draft of 



342 MINUTES OF THE 

an additional Instruction to be sent to the Governor's and Com- 
manders in-Chief of all his majesty's said Colonies and Plantations 
respectively, as well in America as elsewhere, revoking and annul- 
ling all and every such part & parts of the general Instructions to 
them as do direct the said Governors to correspond in matters rela- 
tive to their said Governments respectively, with the said Lords 
Commissioners for Trade and Plantations only, and signifying his 
Majesty's Pleasure that in all Cases where the said Governors are di- 
rected and required to transmit any particular or general Accounts 
of their Proceedings or of matters relative to their Government, 
they do, for the future, transmit the same to his Majesty, by one 
of his Majesty's Principal Secretaries of State, and also Transmit 
Duplicates thereof to the Lords Commissioners for Trade and Plan- 
tations for their Information^ except in Cases of a Secret Na- 
ture. 

^'W. BLAIR." 



A Letter to the Governor from the Rt. Hunble. the Earl of Shel- 

hurne. 
Whitehall, September 13th, 1766. 
"Sir: 

'^ Advices having been received from His Majesty's Superinten- 
dants for Indian Affairs, that the most unprovoked Violences and 
Murthers have lately been committed on the Indians under the 
protection of his Majesty, and whose Tribes are at present in peace 
and Amity with his Majesty's Provinces, and that the Offenders 
have not yet been discovered and brought to Justice, & likewise 
that Settlements have been made on the back of the Provinces 
without proper Authority, and beyond the Limits prescribed by 
His Majesty's Royal Proclamation of 1763, and in some places 
even beyond the utmost Boundaries of any Province in America, & 
that in consequence the Indian Nations Do everywhere discover the 
greatest discontents and resentments, which may endanger the 
peace of his Majesty's Provinces, and the Safety of bis Subjects. 

"It is therefore his Majesty's Commands, that you do apply 
yourself in the most earnest manner to remedy and prevent those 
Evils which are as coutrary to the Rules of good Policy, as of Jus- 
tice and Equity. 

" The Violation of those Principles, attended also with so many 
Dangers to the Provinces, is what cannot be permitted. If a due 
Obedience had been paid to his Majesty's Royal Proclamation, 
and a due attention given to proper Restraints on the Conduct of 
the Indian Traders, these Evils would have been effectually 
avoided. 

"His Majesty's Commander-in-Chief has received express Orders 
to cooperate with the civil Government for the enforcing a due obe- 



PROVINCIAL COUNCIL. 343 

dience to that Proclamation, and His Majesty requires and expects 
every measure to be taken which prudence, shall dictate for the re- 
moving such Settlers, preventing in future any such Settlements 
as are contrary to the Intention of it, and for apprehending such 
Offenders whose daring Crimes have so direct a Tendency to involve 
the whole of His Majesty's Provinces iu America in an Indian 
War. 

'' I am with great Truth and Regard, 
''Sir, 

" Your most Obedient 

" humble Servant, 
" SHELBURNE. 
"Deputy Governor of Pcnsilvania." 



.5 Letter to the Governor from the R' t lion' hie the Lords Comviiss'rs 
for Trade, &ca. 

u Whitehall, August 1st, 1766. 
'■' Sir : 

" In pursuance of an Address of the House of Commons to his 
Majesty, on the 27th of March last, and of His Majesty's Com- 
mands thereupon, signified to us by His Grace the Duke of Rich- 
mond iu a Letter to us, dated the 11th ult., you are forthwith to 
prepare, & as soon as possible transmit to us, in Order to he laid 
before the House of Commons in the next Session, a particular and 
exact account of the several manufactures which have been set up 
and carried on within the Colony under your Government since the 
Year 1734, and of the publick Eucouragenients "which have been 
given thereto. 

" You are also from time to time annually to transmit the like 
Account of any flanufactures which shall be hereafter set up, and of 
the publick Encouragements which shall be given thereto. 
" We are, Sir, Your most Obed'- Serv''' 

" DARTMOUTH, 
'' ED. ELIOT, 
"JOHN ROBERTS, 
"W^'- FILCHERBEir, 
" PALMERSTON. 

^' John Penn, Esquire, L'- Gov'- of Pennsylvania." 

The Board taking into Consideration the Subject of the Earl of 
Shelburne's Letter of the 13th of September, advised the Governor 
to write immediately to the Governor of Virginia, pursuant to the 
Opinion of the Assembly, expressed in their Message of the 12th 
of September last, desiring he would unite with this Government in 



344 MINUTES OF THE 

taking tlie most expeditious and effectual Steps to remove the In- 
truders on the Lands Westward of the Allegheny Mountains, agree- 
able to his Majesty's Proclamation of 17G3, and also requesting 
him to give an answer to his Honour's Letter of the 11th March 
last, respecting the murder of the Indian near Fort Cumberland by 
Samuel Jacobs. The following Letter was accordingly prepared; 
and sent to Governor Fauquiere by the Post, viz'- : 

A Letter from the Goveriior to the Governor of Virginia. 

" Philadelphia, 15th Novem''- 1766. 
" Sir : 

" I am under the necessity of troubling you on a matter of very 
great Importance to the future well-being of all His Majesty's 
Colonies, but which more immediately concerns the safety of his 
Subjects within your and my Governments. 

Since the conclusion of the late Treaties of Peace and Friendship 
with the several Northern and Western Tribes of Indians, many ill 
disposed persons, in contempt of the Royal Proclamation of the 7th 
of October, 1763, and in violation of the Rights of the Natives, 
have without authority either from me, or I presume from the Gov- 
ernment of Virginia, dared to Seat themselves on Lands near Red- 
stone Creek & the Monongahela, of which the Indians have repeat- 
edly complained, with great Justice, to the Agents for Indian affairs, 
and intimated that unless redress is given them for these violences, 
the Peace so happily established cannot long continue. 

In obedience to his Majesty's Instructions of the 24th of October, 
1765, a copy whereof I herewith send you, I have issued Procla- 
mations commanding all persons who have made such Settlements 
within this Government, forthwith to evacuate them. But as I ex- 
pect very little regard will be paid thereto, 1 thiak it my Duty to 
take other more effectual measures. ^ 

In September last, I laid these matters before my Assembly, who 
after due Consideration, gave it as theiy advice, that I should apply 
to you to co-operate with me on this Occasion. This advice will 
appear very reasonable and proper, when it is considered that as the 
Boundary Line between Virginia & Pennsylvania has not yet been 
ascertained, and it is probable the Settlements made by those law- 
less People, may shelter themselves under an unsettled or disputed 
Jurisdiction, by which means it may be difficult, if not impossible,, 
to comply with his Majesty's Orders, unless both Governments con- 
cur in one and the same measure. It therefore becomes a duty in 
me to apply to you on this Occasion, and to desire you will be 
pleased to unite with me in taking such Steps for the removal of 
the Settlers on the Monongahela Lands as may be thought most 
expedient k proper; and I have the pleasure to inform you that if, 
after legal and prudent measures have been taken, a Military Force 



PROVINCIAL COUNCIL. 345 

should be found requisite, the Commander-in-Chief will afford us 
any aid we may stand in need of. 

" I beg you will be pleased to favour me with your answer on 
this Subject as speedily as possible; and if you incline to join with 
me in using the best endeavours to enforce a due Obedience to his 
Majesty's proclamation uf 1763, by compelling the Intruders on the 
Indian Lands immediately to quit their settlements, I should be 
glad to know your Sentiments as to the Measures that will be most 
effectual for this purpose. 

" I did myself the honour to write to you the 11th March, con- 
cerning the Murder of a Friendly Indian near Fort Cumberland, 
in January last, suspected, with great reason, from the Deposition 
of Capt"' Lemuel Barrit, to have been perpetrated by one Sam- 
uel Jacobs, who afterwards, as was believed, fled into the back 
parts of Virginia, and having requested you would cause strict 
search to be made for him throughout your Colony, I beg you 
will now be kind enough to acquaint me what has been done in con- 
sequence of your Orders therein ; and whether any intelligence 
has been obtained about that Villain, as I am very anxious that 
Offenders of this kind should be discovered & brought to Punish- 
ment, as well to convince the Indians of our disposition to do them 
every act of Justice in our power, as to prevent the terrible Calami- 
ties of another Indian War. 

"I am, Sir, With great Regard, 

<< Your most Obedient humble Servant, 

'' JOHN PBNN. 

" The Hon"''- Francis I^'auquiere, Esq'" 

The Letter from the Lords Commissioners for Trade & Planta- 
tions, was referred to a future Consideration. 

The Governor then acquainted the Board that he had also re- 
ceived by the packet from the Hon'"'- Thomas Penn and Richard 
Penn, Esq"' a new Commission under their hands and Seals, dated 
the 11th of August last, continuing him Lieutenant Governor of 
this Province and the Lower Counties, from the first of December 
next (when his present Commission expires) until the 1st of Decem- 
ber, 1769, as also Copies of two of his Majesty's Orders in Council, 
dated the 8th of August last, the one declaring his Majesty's approba- 
tion of John Penn, Esquire, to be Lieutenant Governor of the said 
Province and Counties, and the other containing his Royal Orders 
to the Governor of New York, or any other of His Majesty's Gov- 
ernors in the Neighbouring Provinces, for administering to him the 
several Oaths required by Law to qualify him for that Trust, and 
for taking the usual Security for his observing the acts of Trade 
and Navigation; the said Commission & Orders of Council being 
1 aid before the Board, were read, and the Orders directed to be en- 
tered on these Minutes are as follow, viz*-: 



346 MINUTES OF THE 

''At the Court at S'- James's, the 8th of August, 1766. 

" PRESENT : 

" The KING'S MOST EXCELLENT MAJESTY. 

" Lord President, Earl of Hillsborough, 

'' Lord Privy Seal, " Earl of Shelburne, 

" Duke of Grafton, Viscount Falmouth, 

" Earl of Hertford, Mr. Secretary Conway. 

''Whereas, His Majesty was pleased, by His Order in Council 
of the 15th of June, 1763, upon the Representation of Thomas 
Penn & RicharcT Penn, Esquires, Proprietaries of the Province of 
Pennsylvania, & Counties of New Castle, Kent, & Sussex, on Dela- 
ware, in America, to approve of John Penn, Esquire, the Nephew 
of the said Thomas Penn, & eldest Son of the Said Richard Penn, 
to be Deputy Governor of the said Province & Counties under the 
provisoes & Conditions therein mentioned ; And Whereas, the said 
Thomas Penn & Richard Penn have this day represented to His Ma- 
jesty at this Board, that they have nominated the said John Penn to be 
Deputy or Lieutenant Governor of the said Province & Counties, from 
the first of December next, when his present Commission expires, until 
the first of December, 1769, & therefore prayed His Majesty's Gra- 
cious allowance & approbation of the said John Penn, to be Deputy or 
Lieutenant Governor of the said Province & Counties. His Majesty, 
taking the same into Consideration, is hereby pleased to approve of 
the Said John Penn to be Deputy Governor of Pennsylvania, for &' 
during the aforementioned Term of three years, to commence from 
the first day of December next, &, of the Said three Counties of 
New Castle, Kent, & Sussex, during His Majesty's Royal Will and 
pleasure only ; Provided, the said Thomas Penn & Richard Penn 
do make a Declaration in such manner as hath been formerly made 
relating to His Majesty's Right to the said three Counties; & 
that the Said John Penn do give the usual Security for his observ- 
ing the acts of Trade and Navigation, as in the like Cases, & qualify 
himself for that Trust, as by Law required ; And in regard the 
Said John Penn is at present in Pennsylvania, in the Execution of 
his Office of Governor of the said Province, His Majesty is, therefore, 
hereby pleased to Order that the said John Penn do give the Secu- 
rity above proposed, & Likewise Qualify himself for that Trust, be- 
fore the Governor or Commander-in-Chief of His Majesty's Pro- 
vince of New York, for the Time being, or any other of His Ma- 
jesty's Governors in the neighboring Provinces; And His Majesty 
doth hereby further Order, that the Lords Commissioners for Trade 
& Plantations, do prepare & lay before His Majesty, at this Board, 
a Draught of such Instructions as have been usually given by His 
Majesty to the said Proprietaries on the like Occasions. 

" W. BLAIR." 



PROVINCIAL COUNCIL. 347 

" At the Court at St. James's, the 8th of August, 176G. 

PRESENT : 

•/' THE KING'S MOST EXCELLENT MAJESTY. 

"Lord President, Duke of Grafton, 

'* Lord Privy Seal, J^arl of Hertford, 

"Earl of Hillsborough, Viscount Falmouth, 

" Earl of Shelburne, Mr. Secretar^y Conway. 

" Whereas, His Majesty hath been this Day pleased to approve 
of John Penn, P^squire, to be Deputy Governor of the Province of 
Pennsylvania for & during the Term of three Years, to commence 
from the first day of December nest, & of the three Counties of 
New Castle, Kent, & Sussex, on Delaware, in America, during his 
Majesty's Pleasure only; Jlnd Whereas, the said John Penn is at 
this Time in the said Province of Pennsylvania, His Majesty is, 
therefore, hereby pleased to Order that the Governor or Comman- 
der-in-Chief of His Majesty's Province of New York for the time 
being, or any other of His Majesty's Governors in the neighbouring 
Provinces, do administer the Oaths required by Law to be taken 
by the Said John Penn upon this Occasion, & the usual Oath of 
Office, & likewise, do take in His Majesty's Name, Sufficient Se- 
curity, in the Penalty of two thousand Pounds Sterling, for his, the 
Said John Penn's observing the several Acts of Trade & Naviga- 
tion, & obeying Such Instructions as shall be from time to time 
sent to him from His Majesty, or any acting under His Majesty's 
Authority, & transmit the Same to the Lord's Commissioners for 
Trade & Plantations, to be laid before His Majesty at this Board. 

" W. BLAIR." 

The Governor thereupon, further informed the Board that, as he 
understood Governor Sharpe was to be at Christiana Bridge on the 
18 Instant, he proposed to meet him there, or at Some convenient 
place in the Province of Maryland, in order to be Qualified before 
him to his Commission, & to give the Security required for the Ob- 
servance of the Acts of Trade; which measure being approved of 
by the Council, His Honour acquainted them he intended to set 
out accordingly for Maryland some time next Week. 



At a Council held at Philadelphia, on Monday the 1st of Decern'' 

present : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c*- 

Richard Peters, Benjamin Chew, ? ^^ • 

Richard Penn, 5 

The Governor acquainted the Board, that pursuant to his Majesty's 
Order in Council, of the 8th of August last, and their advice, be 



I 



348 MINUTES OF THE 

had waited on His Excellency Horatio Sharpe, Esquire, Lieutenant 
Governor of Maryland, had given the usual Security, and taken 
and subscribed before him, at Chester Town, in that Provinje, the 
several Oaths required by law to qualify him for the Execution of 
hiri Office as Lieutenant Governor of Pennsylvania and the lower 
Counties ; and that Mr. Sharpe promised to send him a Certificate 
thereof as soon as the Seal of Maryland should be affixed to the 
same, at Anapolis. 

His Honour further acquainted the Board, that on his Return 
through New-Castle, he had caused his new Commission as Lieu- 
tenant Governor to be published there on Wednesday, the 26th of 
last m"' 

It being agreed that the same Commission should also be pub- 
lished here this Afternoon, in the usual manner, The Governor, at- 
tended by his Council, Mayor, Recorder, and Commonalty of this City, 
(who had notice given them to attend on this Occasion,) and, pre- 
ceded by the Sheriff and his Officers, went in Procession to the 
Court House, where the Commission was Read in the presence of a 
Concourse of People. 



Friday, 14th of December, 1766. 

The Governor having this Day received from Governor Sharpe 
the Certificate of his Qualification to his new .Commission, directed 
the same to be entered on the Minutes of Council, and it follows in 
these Words, viz' : 

^^Horatio Sharpe, Esquire, Lieutenant Governor and Commander- 
in-chief in and over the Province of Maryland. 

^'To all to whom these Presents shall come. 

" I do hereby certify and make known, that on the Day of the 
Date of these Presents, John Penn, Esquire, Lieutenant Governor 
of the Province of Pennsylvania, and Counties of New-Castle, Kent, 
and Sussex, on Delaware, Personally came before me, and pursuant 
to His Majesty's Order in Council of the 8th of August last, took 
and subscribed the Oaths required by Law to be taken, and the 
Abjuration Oath mentioned in the Act of Parliament, made in the 
Sixth Year of his Majesty's Reign, and also took an Oath for the 
faithful Execution of his Office, and for the due observance of all 
the Acts of Trade and Navigation heretofore passed, and now in 
force, relating to His Majesty's Colonies and Plantations, according 
to the True Intent and meaning thereof, so far as appertains unto 
him, the said John Penn, Esquire, as Lieutenant Governor and 
Commander-in-Chief of the said Province and Counties. 



PROVINCIAL COUNCIL. 349 

"And I do further Certify that the said John Penn, Esquire, hath 
given Bond to His Majesty, with good and sufficient Security, in 
the Penalty of Two Thousand Pounds Sterling, for his observing 
the said Several Acts of Trade and Navigation, and obeying such 
Instructions relating thereto, as shall be from Time to Time sent 
from His Majesty, or any acting under His Majesty's Authority, 
which Bond remains in my Hands, to be Transmitted to the ilight 
Honourable the Lords Commissioners for Trade and Plantations, 
conformable to His Majesty's Royal Commands, signified in His 
Order in Council abovementioned. 

/ '^ N ^ " In Testimony whereof, I have hereunto set my 

Locus hand, and caused the Seal of the Province of Mary- 

Sigilli 1 land to be affixed, at Anapolis, the Twenty-fourth 

Maryland [ day of November, in the Year of Our Lord One 

Appens. Thousand Seven Hundred and Sixty-Six, and in 

"^ ^v -' J the Seventh Year of the Reign of Our Sovereign 

Lord, Greorge the third, King of Great Britain, &c''- 

"HORATIO SHARPE." 



January 5th, 1767. 
MEMORANDUM: 

The Governor lately received a Letter from The Honourable 
Francis Fauquiere, Esquire, Lieutenant Governor of Virginia, dated 
the 11th Decern'"- last, and having directed that the same should be 
enter'd in the minutes of Council, it follows in these Words, viz'- : 

j1 Letter to the Governor from the Governor of Virginia. 

" WiLLiAMSBURGH, Decem""- 11th, 1766. 
"Sir: 

" Immediately on the Receipt of your favour of the 15th No- 
vemr., I laid it before His Majesty's Council for their opinion, 
what could be done under the present Circumstances. Their ad- 
vice was, that I should inform you of the Steps this Government 
had already taken, in order to drive off the illegal Setlers you so 
justly complain of from their Habitations. 

"In consequence of the King's Instructions of 24th Octo'-' 1765, 
and in obedience thereto, I also issued a Proclamation to recall 
them, in which I told them they would not be protected, but ex- 
posed to the Revenge of the Indians, as will appear by the Procla- 
mation, a Copy of which I have inclosed to you, and which is the 
third I have issued on this affair, but, I find with you, no Regard 
is paid to Proclamations, and I can expect no great good from them. 
But the Commander-in-Chief has taken a more effectual method to 
remove them, by giving Orders to an Officer and Party to summon 



350 MINUTES OF THE 

the Settlers on Redstone Creek, to warn them to quit these illegal 
Settlements, and in case of Refusal, to threaten Military Execution ; 
a Copy of this Summons, which was sent down to me by some of 
the parties concerned, I have likewise inclosed to you. This, I 
make no doubt, was done in obedience to Orders received from 
England, as the measure is so conformable to the Letters, I, and I 
imagine you have received on the Subject. 

*' For my own part, I dont know what more can be done on our 
side, bi^jt, if you can propose any measures which you apprehend will 
have the desired effect, I will immediately communicate them to 
the Council, and, if necessary, will lay them before the Assembly, 
which will be sitting in March, when I make no doubt they will 
enable me to Cooperate with you in every thing which will be for 
His Majest3''s Service, and the benefit of his Colonies. 

" In relation to your last Paragraph, I can realy say nothing, 
having received not the least advice of any things being done in 
consequence of the enquiry and search I ordered to made after 
Samuel Jacobs. I will answer for it, the Persons to whom I gave 
that Commission have been able to obtain no Intelligence of him ; 
at this I am not surprized, for I have found by experience, it is 
impossible to bring anybody to Justice for the Murder of an Indian, 
who takes shelter among our back Inhabitants. It is among those 
People, looked on as a meritorious action, and they are sure of being 
Protected. 

" I am with great Regard, Sir, 

" Your most Obed'- 

" humble Serv''' 

''FRAN. FAUQUIER. 

" To His Excellency John Penn, Esquire." 



Wednesday the 7th January, 1767. 

MEMORANDUM. 

A Committee of the Assembly waited on the Governor, and ac- 
quainted him that a Quorum of the House was met, and desired to 
know if he had any business to lay before them ; to which his Hon- 
our answered, that he had nothing as yet to recommend to them, 
and desired they would proceed on their usual business. 



Wednesday the 21st January, 1767. 

A Council was summoned to meet this day; but none of the mem- 
bers attending, excepting M'- Chew, the Governor shewed him a 
Petition he had received from Robert Tatnall, annexed to a Certiti- 



PROVINCIAL COUNCIL. 351 

catc from the Mayor, setting forth that he had apprehended Dennis 
Scanlan, who had committed the Robberies on the Highway in 
August last; and praying his Honour would be pleased to order him 
the Reward of Fifty Pounds, as offered in his Proclamation. This 
matter being considered, it was agreed to recommend the Payment 
of the said Reward in a Message to the Assembly. The following 
Message was accordingly prepared, and ordered to be carried to the 
House to-morrow, with the said Petition and Certificate. 

A Message from the Governor to the Jissemhly, 

"Gentlemen, 

'' Several Burglaries and High-way Robberies having been com- 
mitted in and near the City of Philadelphia, in the month of August 
last, I thought it my duty to the Publick, to take the most speedy 
& vigorous Measures to put a Stop to them, and bring the Offenders 
to Punishment. In consequence thereof, on the 15"" of August 
last, I published a Proclamation, with the advice of Council, offer- 
ing a Reward of Fifty Pounds, to any person, or persons, who would 
apprehend all or any of the perpetrators of the said Crimes, or their 
Accomplices. I am also to inform You, that soon after one Dennis 
Scanlan, who was suspected of having committed the Robberies on 
the Highway, was apprehended by Robert Tatnal, and has since 
been tried, convicted and Executed. 

" As motives of Public Q-ood were the sole Inducements w'^'" led 
me to issue the Proclamation, I cannot in the least doubt, but you 
will enable me to fulfil my Engagements, and pay the said Tatnal 
the Reward above mentioned. 

"JOHN PENN. 

"January 22d, 1767." 

The Letter from the Earl of Shelburne, dated the 13 th Septem' 
last, and also that from the Lord's Commissioners for Trade 
and Plantations, of the 1st of August, were again taken into Con- 
sideration, and the following Letters were prepared in answer 
thereto, and ordered to be forwarded by the first opportunity : 

A Letter to the Right Hon'hle. the Earl of Shelburne, from 'the 

Governor. 

" Philadelphia, January 21st, 1767. 
« My Lord : 

" I have had the honour to receive your Lordship's Letter of the 
13th September last, signifying his Majesty's Orders relative to 
the murders committed on some of the Indians whose Tribes are 
at Peace with his Majesty's Colonies, and to the Settlements made 
on their Lands, contrary to the Royal Proclamation of 1703. 

" I beg leave to assure your Lordship that I am truly sensible of 
the great Injustice of these Violences on the Persons and rights of 



352 MINUTES OP THE 

the Indians under his Majesty's protection, as well as as the very 
pernicious Effects they are productive of; and it would give mc the 
greatest satisfaction to be able entirely to put a stop to such Evils 
in this Province. The murders of Indians are generally commit- 
ted by Vagrant Persons, beyond the settled parts of the Country, 
and it is very difficult, at such a distance, to detect the authors of 
them, especially, as few of the back Inhabitants who still harbour 
Resentments against the Indians, will make any discoveries of such 
Villanies, if they are even witnesses to them ; all means, however, 
within my Power, have been and shall be exerted upon every such 
Occasion, to apprehend the Offenders, and bring them to Punish- 
ment; since the happy Establishment of Peace with the Indians, 
there have been instances of only two murders committed on them 
within this Province; one of them happened in January last, be- 
tween the Forts Cumberland and Bedford ; Upon receiving infor- 
mation of this, and that the Person suspected to have perpetrated 
it, was fled into the back parts of Virginia, or Maryland, I imme- 
diately dispatched an Account of the matter to the Governors of 
those Provinces, and sent them Copies of the Informer's Deposition, 
with a description of the Suspected Villain, and requested they 
would cause strict search to be made for him throughout their Gov- 
ernments ; but I am sorry to say that they have not yet been able 
to obtain the least intelligence of him. Mr. Fauquier writes me 
that he is not surprized at this, having found it, by experience, im- 
possible to bring any body to Justice for the murder of an Indian 
who takes shelter among tlie back Inhabitants, for by those People 
it is looked on as a meritorious Action, and such Villains are sure 
of being protected and concealed. 

" The Murder of the other Indian was committed in November, 
1765, on the northern Frontiers of this Province, and the Person 
suspected was apprehended and brought to a legal trinl, to which 
Several Indians of the same Tribe were invited, that they may be 
convinced of our Sincere disposition to do them the Strictest Jus- 
tice; but, though I am informed the Evidence was sufficient to have 
Convicted the Prisoner, nevertheless, the Jury acquitted him, con- 
trary to the expectation of the Judges. 

" In relation to the removal of the People who have made illegal 
Settlements on Lands Westward of the Alleghany mountains, I 
sometime ago received his Majesty's Instructions of the 24th Octo*"- 
1765, and in Consequence thereof, issued a Proclamation, publishing 
the King's Royal Orders for the immediate Evacuation of those Set- 
tlements, and requiring, in his majestie's Name, the Strictest Obe- 
dience thereto; but, as I feared no proper Respect would be paid to 
any Injunctionslof that kind by a People who had the hardiness to 
Settle in a Country of Savages, and lay themselves continually ex- 
posed to their Fury and Resentment, I thought some further mea- 
sures ought to be pursued. I considered that, as the Boundary 
Line between Virginia and Pennsylvania, near their Western lim- 



PROVINCIAL COUNCIL. 353 

its, where their SettlcracRts are chiefly made, has not, as yet, been 
ascertained. The Settlers- would uo doubt shelter themselves under a 
disputed Jurisdiction, and it might be very difficult, if not impos- 
sible, to Execute his Majesty's Commands, unless both Grovernments 
should concur in one and the same measures. I therefore applied 
to the Governor of Virginia to Co-operate with me on this occasion, 
in taking such other Steps as should be judged most expedient, and 
acquainted him that if a military Force should be found requisite, 
the Commander in-Chief vrould furnish the necessary Aid. 

*' In answer to this Application to Virginia, Governor Fauquire in- 
forms me that he had also, in Obedience to his Majesty's Instructions, 
issued Proclamations to Recall the People from their Settlements, 
which they had not paid the least Regard to; But that the Com- 
mander-in-Chief bad already taken a more effectual Method to drive 
them away, by giving orders to an Officer with a Party of the King's 
Troops, to summon the Sctlers on Red Stone Creek, the Mononga- 
bela, & other parts to the Westward of the Alleghany Mountains, 
to warn them to abandon their illegal Settlements; and, in case of 
Refusal, to threaten military Execution. This Summons was sent 
them in June last, and, I am informed, it had some immediate 
effect, as several Families then quitted their Habitations and came 
into the interior parts of the Country; but it is thought that some 
of the same People have since returned to their former settlements. 

*' I confess myself at a loss to know what further expedient is 
practicable by the Civil Power to compel these lawless People to 
Obedience; but we are in hopes the exertion of a Military Force, 
which the Commander-in-Chief has thought necessary to :ipply on 
this occasion, will bring them to a just sense of their Duty; and 
his Majesty may be assured that every possible measure shall be 
taken on my part, to put a stop to this dangerous practice, tho' I 
have great reason to believe that few or none of these Setltrs went 
from this Province. 

" I have the honour to be, My Lord, 

" Your Lordship's most Obedient Humble Servant, 

"JOHN PENN. 

" The Right Honourable the Earl of Shelburne." 

Ji Letter from the Gocernor to (he Lnrch Commissioners for Trade 
and Plantations. 

''Philadelphia, January 21st, 1767. 
" My Lords : ~ 

'' I had the honour to receive from your Lordships a Letter of 
the 1st of August, in November last, desiring me to transmit to you 
an Account of the Manufactories set up & carried on in this Colonj, 
since the Year 1734; and having since endeavoured to inform my- 
self on this Subject, I am now to acquaint your Lordships that I 
VOL. IX. — 23, 



354 MINUTES OF THE 

cannot find the least publick Encouragements have ever been 
given to the Establishment of any manufactory within this Pro- 
vince, nor do I know of any actually carrying on at this time, ex- 
cept two. One of them was set vip about three years ago in this 
City, by private Subscriptions, for the making of Sail Cloth, Tick- 
ing, and Liunens ; but the Persons concerned have already sunk 
money hy their Project, for the high Price of Labour will not allow 
any of the Articles to be made at so cheap a rate as those of the 
same Quality & Goodness, manufactured in England, are sold for by 
the Retailers here ; they have, therefore, lately resolved to discontinue 
that undertaking. The other is a Glass manufactory, which was 
erected about four Years ago in Lancaster County, Seventy miles- 
from this City, by a private Person ; it is still ca?ried on, tho' to a 
very inconsiderable Extent, there being no other Vent for their 
Ware, which is of a very ordinary Quality, but to supply the small 
demands of the Villages and Farmers in the adjacent inland 
Country. 

" If any Manufactories should hereafter be set up within thi.s 
Province, your Lordships may depend on my care to Transmit you 
an Account of the same, as I am made acquainted therewith. 
" I have the Honour to be, 

" Your Lordships' most Obed' humble Servant,, 

^'JOHN PENiN", 

" To the Right Honourable the Lords Commissioners for 
Trade and Plantations." 



At a Council held at Philadelphia, on Thursday 29 Jan''' 1767. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor^ 
<S:c''- 

Joseph Turrer, Richard Pcnn, "j 

Richard Peters, James Tilghman, V Esquires. 

Benjamin Chew,' J 

The Governor proposed to the Board that Mr. James Tilghman 
should be admitted a member of the Proprietary and Governor's 
Council, in the Room of William Till, Esquire, Deceased, which 
was unanimously agreed to by the Board, and he was qualified for 
such by taking & Subscribing the usual Oaths and Declarations to 
the Government, and also an Oath for the faithfull discharge of his 
duty, and then he took his seat at the Board accordingly. 

The Governor laid before the Board three Bills, sent up by the 
Assembly for his Honour's concurrence, entitulod 

1. "An Act to prevent the Exportation of Bread and Flour, not 
Merchantable." 

2. "An Act to prevent Inconveniencies arising from delays of 
Causes after Issue Joined," 



PROVINCIAL COUNCIL. 355 

3. "ASapplemeut to tho Act entitled ^ an Act for establish- 
in'^ Courts of Judicatriic in this Province;' " which were Read, and 
the Coiisideratioa of them was deferred till to -morrow. 



At a Council held at Pkiladelphia on Friday oOth Jan"- 1767. 

PRESENT : 

The Honourable JOHN PENN, Esq'' Lieutsnant Governor, 
^ca. 

Joseph Turner, ^^^j^"))^, CJicw, | j, j^^^_ 

Kichard Pena, James lilghman, j ^ 

The Board re-considered the bills laid before them Yesterday, and 
not coming to any Result thereon, deferred the further ceniiidera- 
tion of them till Monday, 



At a Council h-sid at Philadelphia, on Monday 2d February, 
17<J7. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, (fee. 

Benjamin Chew, James Tilghman, > -p,^ . 

Richard Pcnn, S 

The Roard resumed the consideration of the Bill for preventing 
the Exportation of Bread and Flour, not Merchantable, and the 
following amendments were made aod ordered to be setit down to 
the House with the Bill. 

^^iiicndments to the Bill entituled "An Act to preveot tte Ex- 
portation of Bread and Flour not merchantable:" 

" Page lo, last line, after the first Word [tiie] add th-e Words 
[City or]. 

^' Page 19, Lines 4 & 5, Dele the words [Assembly shall appoint 
another] and insert the words [End of the nest sitting of Assem- 
bly, and no longer, except he shall be re-appointed by Act of (jreueral 
Assembly]. 

" Pige 24, Line 1. Before the Word fCounty] add the word 
[City]. 

" Page 26, Lines 7 & 8, after the Word [Pounds] dele the Words 
[the same]. 

''' Same Pa., Line 13, after the Word [by] insert the Words [ac- 
tion of Debt]. 

''Pa. 27, Lino Penult. Before the word [Township] insert the 
Words [City or]. 

"Pa. 30, Lines 8 & 9. Dele the Words [others are appointed by 
the Assembly of this Province] and instead thereof insert the 



S56 MINI3TES OF THE 

Woyds [tbe end of the aext &itting of Ass^jaably, a-nd no- loDgeTj, 
except He orthey &hall be re-appoiuted by act of General Assembly, 

Amendmeat to the Rider, Line 7, Dele the Woard [tbe] and in- 
sert the words [act of General"]. 

The Bill foT prevsnting the inconveniences arising, from Delays* 
of Causes after Issu*e joiDcd, -was also reconsidered, an.<i sent to- the 
Honse with tbe following Ameadmen^s, viz'- : 

Amendments to tbe Bill enthuled " An Act to« present Ineon- 
Teniencies frons delays of Causes after Issue Joined," 

Page 2, Lir;-e 9. — after the word [CoTirt] ad'd the word's [due no- 
tice having been givea thereof in open Court the preccediagTerjsi.J 

Same Pa., Line 13. — afte? the- word [Cause] add the words [and 
Teasonable Ternas.] 

Tlien was Bead a Bill seat up by the Assesibly^. eatituled "Ad 
Act to regulate She Fishery in the Bifsr ScbTjylk31/' wMch was' 
approved aad retiurned to tiiie Hoase without aa Ana-esdiaent, 



February the 3d, 1767, 

Th& AssenrAly returned to the Governor, by a Coramttee of two- 
Members, the Bill entitTile(3 " Aa Act to prevent the ExportatioD 
of Bread and Floii? not meFchantable," with aia answer to the Cvov- 
eTHor'd amendment, which h as follows. Viz'- : 

Answer of the Hs-Qse to the Governor's an>sndsaeDt3 to the Bill 
entitulet^ " An Act to prerest the exportation of Bread aiad Flour 
Dot merehantable." 

Aniendsnent 1st. — ^Tbe Ro-ase ag7ee to- the Soverae'r's asiesd- 
Meet. 

2. — The Hoarse adhere to the BillL 



— Agreed to by the House. 
— Agreed to- by the House. 
— Agreed to by the House. 
— Agreed to b j the House. 
— -The House adhere to the Bill. 
— The House adhere io the Rider. 



At a Corsncil held at Philadelphia,, en Wednesd'ay 4tb Feb**' 
1767. 

PRESENT r 

The Honourable JOHN PENN, E^qoire, Licatemnt GoTeiuoT;. 
&ca. 

Richard Peters, Richard Fenn, > „ ^. 

Benjamin Chew, James Tilghman, y sqizir 

The Board having considered' the Assembly's answer to the GoT- 
ernor^s amendiaeijt& to^ the Bread and Flour Bill;^ the Secretary was- 



PROVINCIAL COUNCIL. §57 

-directed to Return the Bill to t'-ie Hot^iso, aod acquaint tliem that 
the (jfovernor adhered to his amendmeists. 

The Bill entitaled " A Supplement to the Act entit«led ' au Act 
for establishing Ccarts of Judicature in this Province," ' being 
cagain read and takea into consideration, the followiug anieadmeats 
were made thes'eto,^ and the Bili was ordered to be Ileturned to tiie 
Assembly with the same, viz'-: 

■" Amendments to the Bill entitnled " a Supplement to the Act en,- 
tituled ' A% Act for cstablis/dng Courts oj Judicature in this 
Province.' " 

''Page 3, Liue 6, instead of tie word [institute] s&y [erect]. 

'• Sa Pa., liaes 7 & 8. Uele the woi-d's [Srst recited Act], aud 
insert the Words [iast mentioned Actsj. 

"Pages 3 &. 4. Peie froia the first word [and] in the 12th Line 
of Page 3 to the word [whereby] exclusive, iu the 3d liEe of Page 
4, and instead thereof insert as follows, viz*- : [it has been found 
im practicable for the Judges of the said Court to give their atten- 
dance, and to discharge the <^uties enjoinei them en the Days and 
times limited by the said first Re-cited Act for holding the said 
■Courts in the Oounttes of Bucks and Chester]- 

•*' Page 5, Lice 3d, Dele the words [atjdiiiiicomin'Osi]. 

" Pa. 6, Last Line. Dele the wosrd [such]. 

"Pa, 7, Line 4. After the Wor& [do] insert as fellows., Viz'-: 

" [Provided always, that when, and as often as it shall so hap- 
pen, that only one G-f the Justices of the Supream Court can con- 
veniently go any of the said Circuits, it shall and may be lawf-ill 
for such one Justice to Associate with him two Persons of Ability 
and latcgrity m each of the ^aid Counties, to be comraissiouated 
for that Purpose by the Lieuteaant Governor or Commander-iu-Chief 
for the time being, and, together with the said two Associates, or 
one of tliem, to try th<3 said Issues in Fact iu the said respective 
"Counties, and to do all and Siogula^r those things which leiay be re- 
<iuisite and necessary for the compleat Etecutioit of Justice therein, 
as fully asd ampljr as ail the Justices of the said Supream Court, or 
any two of theiH might or ■could do, were they Personally Present and 
Sitting as Justices in the said Courts, which said associates shall be al- 
lowed and paid by the Comniissiooers of the respective counties, of 
their County Stosks, the Sura of Tweaty ShilliGgs each, for every 
day they shall git in the €g.id Courts]. 

" Page 7, Line 12. After the word [by] add [eonfcs?ion Defaj-i'lt]. 

"Pa, iO, Aute|5enult L. After tiie Word [the] insert th<3 Words 
;£City, Borough, or]. 

" Page 14, Line 2. After the Word [void] add as follows, via'- : 
f and be it further enacted by the Authority aforesaid, that this Act 
shall continue and be in force for the Term of 'three Years, and 
from thes/^e to the 'end of ueitsittia_g ©f Assembly^ and no longer]." 



S58 MINUTES OF TEE 

The Goyeroor then laid before the Board for their CansidoratioOj, 
Three Bills senk up by the Assembly for his Honour's Concurrence, 
entituled as follows, via''- : 

1. *' An Aet for the preventing Frauds and abuses in Gold and 
Silver Wares made and sold in this Province;" •which was read and 
considered, and ordered to be returned with the following aniend- 
ments, viz*^' : 

Amendments to the Bill eatituled "An Act for the preven-ting 
Frauds and abuses in Gold and Silver Wares, &c''-" 

" Page 12, last Line. Dele the Word [that]. 

" F^a. 13, penult & last lines. Dele the Words [the Asseml)ly of 
this Province shall appoint another] and insert the words [another 
shall be appointed by act of General Asseaibly of this Province]. 

"Page 14, Line 5. After the second Word [of] insert the Words 
[any City, Borough, or County in]. 

2. "A Supplement to the Act entituled 'An Act for the ad'?ance- 
ment of Justice and more certain Aduiiaistration thereof," which 
was then read, and one amendment being made thereto, was ordered 
to be returned to the House with the sauie, Viz^-: 

" Page 0,. Line 12. Dele the Words [eurrent withia this Province;, 
by virtue of the Statute passed ia the Sixth Year of Her late Ma- 
jesty Queen Anne, for ascertaining the Rates of foreign Coins iu 
the Plantations in America] and instead thereof, insert the Words 
[passing or in Circulation in this FroTiace]. 

3. "An Act to prevent the mischiefs arising from the iacrease^ 
of yagabonds, and other Idle and disorderly Persons, within this 
Province,'""' which was read, and being approved, was ordered to be 
returned by the Secretary, with a Yerbai Message to tlie House 
that the Coveraor agreed to it. 



Thursday the 5tli of Yeliyanrj^ 1767,. 

The five Bills mentioned in the p-receding rainutss, were this. 
Morning carried down to the House of As.sembly by the Secret irj^. 
with the amendments^ &c*-' ace rding to Osdcr. 



Saturday the 7th Febrisayy, 1767. 
MEMOEANBUM. 

This morning the Assembly sent up to the Governor, by two of the 
Members, the Circuit and Assay Bills, with 4he following aasTyertcsi 
the Governor's Amendaieuts, viz.';- 



PROVINCIAL COUNCIL. 359 

Answer to the Governor's Amendments to the Bill entituled "^ 
Supplement to the Act entituled '■An Act for establishing Courts 
oj Judicature in this Province.' " 

" Page 3, Line 6, The House adhere to the Bill. 

" Same Pa., lines 7 & 8. Agreed to by the House. 

" Pages 8 & 4. Agreed to by the House . 

"Page 5, line o. Agreed to by the House. 

" Page 6, last line. Agreed to by the House. 

"Page 7, line 4. The House adhere to the Bill. 

"Pa. 10, anti penalt line. Agreed to by the House. 

" Pa. 14, Line 2d. The House adhere to the Bill. 

" Pa. 7, Line 12. The House agree to this amendment^ and pro- 
pose to insert in the 11th Line, same Page, the Wurds Lappear to 
be] instead of the Words [be found]. 



Answer to the Governor's Amendments to the Bill entituled ^'An 
Act for the preventing Frauds and Abuses in Gold and Silver 
f fares, fyca." 

" Page 12, last Line. The House agree to the Governor's amend- 
ment. 

" Page 13, Penalt k last lines. The House adhere to the Bill. 

"Page 14, Line 5. The House agree to the Governor's Amend- 
ments, with the addition of the words [and for] before the word 
'[any] in the amendment.'" 

The House propose to the Governor's Consideration the following 
Clause in addition to the Bill, viz'-: 

'■'■And be it further enacted by the Authorifi/ afuresaid, that this 
Act shall continue and be in force for and duriuj^ the Space of Four 
Years, and from thence to the end of the next sitting of Assembly, 
and no loao;cr." 



At a Council held at Philadelphia, on Tuesday 10th Feb'' • 1707. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
i&ca. 

Richard Peters, Benjamin Chew, } ^J, 

T rp-i I r Esquires. 

James lilgnman, ^ '■ 

The Board took into consideration the Answers of the Assembly 
io the proposed amendments of the Circuit and Assay Bills, and 
the following replies being drawn up, were approved and ordered to 
be sent down to the House, with the said Bills : 



360 BIINUTES OF THE 

Reply to tJie AsscmLIt/'s Answer to (he amendments pmjwsed hi/ the 
Governor to the Hill antlttilcd "a Supplement to the Act eritituled 
'»/?«. Act /or establishing Courts of Judicature in this Province.' "^ 

^' Page 3, Line 6. The Governor withdraws his Amendments. 

" Page 7, Line 4. The Governor does not insist on this Amend- 
ment. 

" Same Pa., Line IL Let the words [appear to be] be inserted 
instead of the Words [be found], as the House proposes. 

" Page 14, Line 2. The Governor adheres to his Amendment. 



Beply to the Assembly's Answer to the Governor s Amendments to 
the Bill entittdcd '■'■an Act for the preventing Frauds and abuses 
in Gold and Silver irares, &c." 

"Page 13, Penalt & last lines. The Governor adheres to his 
amendments. 

*' Page 14, Line 5. The Governor agrees to the addition of the 
Words [and for] before the Word [any] in his amendment. 

The Governor conceives it to be unparliamentary for the IJouse 
to propose Alterations or Additions to an amended Bill. However,. 
on the present occasion he is willing to wave Forms, and to agree 
to the Clause propos'd in addition to the Bill. 

" Then the Governor laid before the Board two Bills sent up by 
the Assembly this morning, for his Honour's Concurrence, enti- 
tuled 

1. ''An Act to enable the Commissioners thereinafter named, 
to Settle the Accompts of the Managers, and to sue for and recover 
from several Persons, their Executors, Administrators, or Assigns^ 
such Sums of money as are now due and unpaid on Account of the 
Lottery set up and drawn for .erecting a House of Worship in the 
Borough of Lancaster, for the use of the Presbyterian Congregation 
in and about the said Borougli," which was Read, ajud sent down to 
the House without an amendment. 

2. ''An Act to appoint certain Persons therein named Supervi- 
sors and Directors of the Road and Bridge over Hollander's Creek,, 
leading to the West District of Greenwich Island, and to enable 
them to hiy Such Rates and Assessments from time to time, on all 
Lands in the Said District accomodated by the Road and Bridge 
aforesaid, as may be found necessary for supporting, maintaining, 
and keeping the same in good Repair," which was read and con- 
sidered, and Ordered to be returned to the House with the follow- 
ing amendment : 

" Page 16, Line 8. Dele the Words [their purpose] and insert tlie- 
words [the purposes aforesaid, and no other]." 



PROVINCIAL COUNCIL. 861 

Friday, 13tli of February, 1767. 

The Governof haviHg Read and considered the Bill sent up by 
the Assembly this morninc;, entituled "An Act for amending the Act 
entituled 'a Supplement to the Act entituled An Act for regulating, 
pitching, paving, and cleansing the Highways, Streets, Lanes, and 
Allies, and for regulating, making, and amending the Water 
Courses and common Sewers within the inhabited and settled parts 
of the City of Philadelphia, and for raising money to defray the ex- 
penoes thereof,'" Ordered the Secretary to return the same to the 
House without an amendment. 



Eodem Die. 

Two Members of Assembly again brought up to the Governor the 
Supplementary Bill for establishing Courts of Judicature in this 
Province, with a Message from the House, in the following Words, 



A Message to the Governor from the Assevibly. 

" May it please your Honour: 

" The House taking again into their consideration your Amend- 
ments to the Bill entituled ' a Supplement to the Act entituled 'Aa 
Act for the establishing Courts of Judicature within this Province," 
with their Answer to those Amendments, and your Reply, are ex- 
tremely concerned to find, that unless your Honour will think pro- 
per to Recede from your last proposed amendment, confining the 
limitation of the Act to three Years only, the good People of this 
Colony must labour still longer under the most oppressive Delays 
and Obstructions in obtaining Justice, which are daily increasing. 

"This Bill the House oifered to your Honour, not only at the 
repeated and pressing SoUicitations of a great number of the repu- 
table Freemen of the Province, but from a full Conviction that it 
is absolutely necessary to a due Administration of Justice, and you 
cannot, we apprehend, be insensible, that by the Act for establish- 
ing Courts of Judicature, the Judges of the Supream Court do not 
hold themselves obliged to Ride the Circuit, into the distant Counties, 
from whence many Causes are daily Removed, and that the Days for 
holding the Courts in Philadelphia, and going into Chester and 
Bucks, are thereby so inconveniently appointed, that it is impracti- 
cable for them to discharge their Duty, even in those Counties; 
And you will also be pleased to consider, that Jurors summoned 
for the Trial of Causes removed from the neighbouring and distant 
Counties into the Supream Court, refuse to give their attendance, 
occasioned by the want of a Law to compel them ) whereby Justice 



362 MINUTES OF THE 

has been frequently long delayed, and often totally obstructed. 
Besides, would Jurors give due attendance when Summoned, yet, 
to oblige them, with the Plaintiifs and Defendant, and their Wit- 
nesses, to attend from those Counties ; the Trial of their Causes at 
Philadelphia, is unreasonable, and must continue to be, as it long 
has been, a Burthen and Expetice, which renders it more eligible 
for Suitors, in many Instances, to give up their Right, than to prose- 
cute them on grievous Terms. 

The Act to which this Bill is intended as a Supplement, is a perpe- 
tual Law, and such we conceive all Statutes where the due Administra- 
tion of Justice is concerned ought to be. Justice is the natural Right 
of every man, and in our mother Country, is confined to the Subject, 
on Principles the most permanent and durable; and indeed, that 
Government must be extremely defective, where it is either tempo- 
rary, precarious, or dependant on the Will and Pleasure of either 
Branch of the Legislature, and should it happen, as it has more than 
once, that the Province should be Governed by a President of the 
Council, who by our Constitution is not Invested with the Powers 
of Legislation, and the Law should expire, the People must suffer 
all the mischiefs they now experience, without a Possibility of a 
Remedy. These Reasons induced the House to make the Supple- 
mentary Bill also Perpetual, by no means suspecting at the Time, 
that you could have the least objection thereto, nor arc they yet so 
happy as even to guess at the motives to this amendment. 

It being therefore the unanimous opinion of the House, that the 
Bill ought to be perpetual, and that these, with many other Incon- 
veniences, may attend a temporary Duration of it, they once more 
earnestly request your Honour would withdraw your Amendment, 
and pass the Bill, which is so absolutely necessary to the ease and 
happiness of the Province; that without it, the People must be left 
in a manner destitute of the means of Justice. 
Signed by Order of the House. 

Joseph Galloway, Speaker. 

February 12th, 1767. 



At a Council held at Philadelphia, on Monday the IG February, 
1767. 

PRESENT : 

The Honourable John Penn, Esquire, Lieutenant Governor, 
Sec"- 

Richard Peters. ~| 
Benjamin Chew, I Esquires. 
James Tilghman, J 

The Assembly's Message of the 12th Instant was Read, and 
the following Answer thereto having been drawn up, was consid- 



PROVINCIAL COUNCIL. 363 

ered and approved hy the Board, and ordered to be carried to the 
House with the Circuit Bill to-morrow, viz'-; 

A Message from the Governor to the Jlssemhli/. 

" Gentlemen : 

"As I have long been sensible of the many disadvantages the 
People of this Province have laboured under, in being obliged, as 
Suitors, Juiy-Men, and Witnesses, to attend the Supream Court in 
this City from the distant Counties, it gave me Pleasure to find, by 
the Bill sent up from your House, that you were inclined to relieve 
them from so great an Evil. 

" Heartily disposed, therefore, to concur with you on every Mea- 
sure which appeared to me conducive to the Ease and Happiness 
of the People, I took the Bill into consideration, and though, on 
the perusal of it, I was doubtful whether, as it was framed, it 
would fully answer the good ends proposed, I was willing that the 
Utility, or Inexpediency of it, should be proved by Experience, that 
great Test of human Wisdom ; with wliich view, I proposed to 
limit the continuance of the Bill to a certain Number of Years, 
and thence to the end of the next sitting of Assembly, and naade 
the Amendment accordingly. 

This amendment is now the only one which retards the Bill, and 
I am sorry to find by your Message, that you seem determined 
to lose a Bill which you yourselves contend is so very useful, un- 
less I recede from it. 

"After what I have said, it will be needless to take notice of 
such parts of your Message as have a tendency to prove that a 
Circuit Law is necessary; I shall, therefore, confine myself to 
your Reasons against the Amendment, which to me are by no 
means Satisfactory. 

" You are pleased to observe '■ that the Act to which this is a 
Supplement is a perpetual Law; & that such -all Statutes where 
the due Administration of Justice is concerned, ought to be.' 
You cannot certainly mean. Gentlemen, to set up this as an invariable 
Rule. If you do, a little Reflection and Inquiry will furnish you 
with many instances, both in the Mother Country and the Colonies, 
of 'J'cmporary Laws, in which the due Administration of Justice 
bath been concerned. It is not uncommon that Laws framed by 
the ablest and best Men, and for purposes the most useful, are 
found defective in the Execution of them ; It is, therefore, in my 
Opinion, neither inconsistant with the Dignity, nor unbecoming the' 
Wisdom of a Legislature, to make trial of such Laws for a Time, 
that if they should be approved by Practice, they may then be 
made permanent, as, on the contrary, if they should in any part be 
found inconvenient or inadequate, better may be framed in tbeir 
Stead. That Justice is the Right of every Man will not be de- 



364 MINUTES OF THE 

nied, bat it does not, therefore, follow, that all Laws which regard 
the mode of administering it, ought to be perpetual. 

"The only inconvenience of the Bills being made Temporary, 
which you have thought proper to point out, is, * that it may expire 
when the Province may be governed by a President of the Council, 
who, by our Constitution, is not invested with the power of Legis- 
lation, in which case, the People must suffer all the mischiefs they 
now Experience, without any possibility of a Remedy.' This Ob- 
jection, if it has any weight, militates equally against all Tempo- 
rary Laws, and it should seem strange that the discovery was never 
made before, tho' a great Number of such Laws have been passed 
since the first Settlement of this Province. However, Gentlemen, 
as a further Proof of my earnest desire that the People may have a 
Trial of the Law, I will concur with you even in guarding against 
this possible mischief, by a Provision in the Bill to extend its dura- 
tion till there shall be a corapleat Legislative power in the Govern- 
ment, which I conceive will fully obviate this objection. 

" Upon the whole. Gentlemen, I am, on the most mature delibera- 
tion, convinced of the Propriety and expediency of the amendment 
in Question. If you agree to the Bill as it stands amended, the 
People will, during the continuance of it at least, be relieved from 
those oppressive delays and obstructions under which you say they 
have long laboured in obtaining Justice. Should the Act, at its ex- 
piration, be found fully to Answer all the good purposes proposed, 
there can be no Reason to doubt the Renewal of it; and why you 
should deny the people a temporary Redress of their Grievance, 
because I cannot for the Reasons I have given, join with you iu 
making the Bill perpetual in the first instance, I must confess, ap- 
pears to me not a little strange. I hope, therefore, you will take 
the matter again into your most serious Consideration, and Accede 
to the Amendment, without which, I can by no means agree to 
pass the Bill. 

" JOHN PENN." 

" February the 17th, 1767." 

The Governor then laid before the Board a Bill sent up on 
Saturday last, for his Honour's Concurrence, eutituled ''An Act to 
amend the Act eutituled 'x^n Act to prevent the Exportation of 
Bread and Flour not merchantable,'" which was read, and ordered 
to be returned to the House without an Amendment. 



Wednesday the 13 th February, 1767. 

MEMORANDUM. 

The Governor's Message of Yesterday, with the Circuit Bill, and 
the Bill for preventing the Exportation of Bread and Flour not 
Merchantable, were carried, into the House this morning. 



PKOVINCIAL COUNCIL. 865 

At a Council held at Philadelpbia, on Thursday 19 Feb"' 1767. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &c'- 

Richard Peters, Benjamin Chew, Esquires. 

The Governor laid before the Board four Bills, sent up by the 
Assembly for his Honour's Concurrence, entituled 

1. "An Act for amending the Act entituled 'An Act for the 
better employment, Relief, and support of the Poor "within the City 
of Philadelphia, the District of Southwark, the Townships of Pas- 
syunk, and the Northern Liberties,' " which was Read and con- 
sidered, and ordered to be returned to the House with the following 
Amendments, Viz*- : 

Amendments to the Bill entituled " An Act for amending the 
Act entituled ' An Act for the better Employment, Relief, and 
support of the Poor, &ca.' " 

" Page 1, line 14, after the word [part] insert the Word 
[therof]. 

" Same Page, line 15, Instead of the Word [part] say [the Rest], 

" Page 2, line 8, Instead of the word [besides] say [above]. 

" Page 7, line '2, Instead of [Difficieucy] say [Dcfiency]. 

" Same Pa., line 4, Dele the words [the Overseers of the Poor]. 

" Same Pa., line 7, alter the Word [Liberties] insert the words 
[by the same Pei'sons and under the same Penalties]. 

" Page 8, Line 5, Instead of [difficiency] say [dcfiency]. 

" Same Pa. & line, after the word [be] insert the words [laid, 
asse?.sed and]. 

" Page 9, line 6, 7, 8, 9, Dele the words [of the managers afore- 
said, or any Overseers of the Poor of the said City, District, or 
Township, to apprehend and convey before any]. 

"Same Pa., line. After the word [aforesaid] insert the words 
[to apprehend, and upon due Examination and proof, commit to the 
said House of Employment]. 

"Same Pa., line 1.3, Instead of the word [and] say [or]. 

" Same Pa., Dele from the word [Livelihood] in the IGth line, to 
the word [there] exclusive in the last Line. 

2. "An Act for the Relief of Thomas Reily and John Whit- 
pane, Lanquishing Prisoners in the Gaol of Philadelphia, with re- 
spect to the imprisonment of their Persons," which was read and 
Ordered to be returned to the House without an Amendment. 

3. "An Act for appointing Wardens for the Port of Philadel- 
phia, for the better regulating Pilots plying in the River and Bay 
of Delaware, and the price of Pilotage to and from the said Port." 

4. " An Act to amend the Act, entituled ' An Act to prevent the 
Exportation of bad and unmerchantable Staves, Heading, Boards 
and Timber.' " 



866 MINUTES OF THE 

The two Bills last mentioued were Read, and the consideration 
of them deferred. 

A Petition from the Wardens of the Port of Philadelphia, pre- 
sented to the Governour this Morning, was read, and follows in 
these Words, viz'- : 

♦' To tlie. Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor and Commander-in-Chief of the Province of Pennsylvania, 
and Counties of New Castle, Kent, and Sussex, on Delaware. 

'^The Petition of the Wardens of the Port of Philadelphia, Hum- 
bly Shewetk, 

" That your Petitioners are informed, a Bill is now before your 
Honour, sent up from the tlouse of Assembly for your Assent, to 
enact the same into a Law, for Regulating Pilots Plying in the Bay 
and River Delaware, and appointing Wardens for this Port, Where- 
in your Petitioners are named for the said Office; and as your Peti- 
tioners are informed, that many Circumstances in the said Bill 
■would prove peculiarly hard to the said Wardens, as well as gener- 
ally injurious to the Commercial Interest of this Province, Your 
Petitioners do therefore Humbly Pray, That Your Honour would be 
pleased to direct a Copy of the said Bill to be made out, and deliv- 
ered to your Petitioners, in order that they may not only consider 
the same themselves, but take the Sense of the Merchants of this 
City thereupon, and communicate their Sentiments to your Honour, 
in Order to prevent the said Bills being passed into a Law, unless 
such alterations are made therein as they may be able to convince 
your Honour are necessary and just, for which purpose your Peti- 
tioners likewise pray your Honour to detain the said Bill a reason- 
able time, and your Petitioners, as in duty bound, shall ever pray. 

" PETER REEVE, 
"MICHAEL HULINGS, 
"JOHN NIXON, 
"ABEL JAMES, 
"ROBERT MORRIS, 
" THOMAS PENROSE. 
"Philadelphia, 18th February, 17G7." 

The said Petition being considered, the Secretary was ordered to 
furnish the Wardens with a Copy of the Bill therein Requested. 

Then was presented to the Governor, and read, the Petition and 
Representation of Sundry Merchants and Traders of the City of 
Philadelphia, setting forth. That They are informed a Bill has been 
sent up to the Governor by the Assembly, entituled "An Act to 
amend the Act entituled ' An Act to prevent the Exporta- 
tion of bad and unmerchantable Staves, Heading, Boards 
and Timber,' " in which it is proposed to be enacted, that 
all Lumber intended for Exportation, shall be inspected within 
Forty Eight Hours before the actual Lading thereof; that if the 



PROVINCIAL COUNCIL. 367 

said Bill sboulij be passed in its present Form, the Clause referred 
to, would grtjatly embarrass the Petitioners in regard to the Ship- 
ping of Lumber, and in many Cases render it very difBcult, if not 
impracticable, to comply with the Law. That they apprehend it 
would fully answer the good Intent of the Legislature, and relieve 
your Petitioners, if it should be provided, that on the Sale and de- 
livery of any Lumber for Exportation, as well out of a Yard as out 
of the River Shallops and Boats, the Inspector, or one of his Depu- 
ties, should be called upon to examine the same; notwithstanding 
any former Inspectors thereof, and therefore, Praying the Governor 
to take the Premises into Consideration, and give them such Re- 
lief as to him shall seem meet. 



Friday, 20th February, 17G7, A. M. 

Two Members of the Assembly waited on the Governor and pre- 
sented him for his Honour's Concurrence, a Bill entituled " An 
Act to enable the Owners and Possessors of the Moyamensing Mea- 
dows, in the County of Philadelphia, to keep the Banks, Dams, 
Sluices, and Flood Gates in Repair, and to raise a Fund to defray 
the Expences thereof." 

They at the same time acquainted the Governor that the House 
proposed to adjourn this Week, and desired his Honour would be 
pleased to let them know his Result on the two Bills under his Con- 
sideration ; to which the Governor made Answer that he should 
Send them a Messaa;e concernin;^; them, in the Afternoon. 



Eodem die, P. M. 

The Governor sent to the House a Verbal Message by the Sec- 
retary, in the following words, Viz'-: 
"Sir: 

" The Governor orders me to acquaint the House that he has re- 
ceived a Petition from the Wardens of the Port of Philadelphia, 
Setting forth that they conceive the Bill entituled " An Act for 
appointing Wardens for the Port of Philadelphia, for the better re- 
gulating Pilots plying in the River and Bay of Delaware, &c-^'" 
sent up by the House for his Honour's Concurrence, will impose 
peculiar Hardships on them, and be injurious to the Commercial 
Interests of the Province, and therefore, pray he will give them 
time to be heard on that Bill, and lay their Objections before him 
for his Coiisideration; and that Sundry reputable merchants of this 
City have also preferred a Petition to him of the Same Nature, 
against the Bill entituled "An Act to amend the Act entituled 'An 



368 MINUTES OF THE 

Act to prevent the Exportation of bad and unmerchantable Staves, 
&c''' " which, as the House have signified their Intention of Ad- 
journing this Week, may render it necessary for the Publick In- 
terest to keep the said Bills under his Advisement 'till the next Ses- 
sions." 



Eodem die. 

Two Members of Assembly waited on the Governor and acquainted 
him that the House lesired his Honour would be pleased to acquaint 
them when they should atteud him for passing the several Bills 
which were agreed to, and to appoint some members of Council to 
join two members of the House in comparing them with the en- 
grossed Copies. The Governor made answer, that he would be in 
the Council Chamber at half an Hour after twelve tomorrow, in 
order to pass the Bills, and should, in the meantime, appoint a mem- 
ber of the Council and the Secretary for collating them. • 



Saturday the 21st of February, 1767. 

The Secretary, by the Govei-nor's directions, carried down to the 
House th3 Bill entituled *'An Act to enable the Owners and Pos- 
sessors of the Moyamensiug Meadov/s, in the County of Philadel- 
phia, to keep the Banks, Dams, Sluices, and Flood Gates in Repair, 
&c^'" and acquainted them that his Honour agreed to pass it. 



Council Chamber— Eodem Die, 12^ O'Clock. 

The several Ingrossed Bills being compared with their Originals, 
and found to agree. The Governor sent the Secretary to the House 
with a Message requiring their Attendance in the Council Chamber. 
The whole House attending accordingly, the Speaker presented to 
the Governor the following Bills, which his Honour was pleased to 
enact into Laws, and issued a Warrant for affixing the Great Seal 
thereto, viz'-: 

1. "An Act to enable the Owners and Possessors of the Moya- 
mensing meadows in the County of Philadelphia, to keep the Banks, 
Dams, Sluices and Flood Gates in llepair, and to raise a Fund to 
defray the Expences thereof." 

2. "An Act to amend an Act entituled * An Act to prevent the 
the Exportation of Bread and Flour not Merchantable.' " 

3. " A Supplement to an Act entituled ' An Act for the ad- 
vancement of Justice, and the more certain Administration 
thereof.' " 



PROVINCIAL COUNCIL. 369 

4. '' An Act to regulate the Fishery in the River Schuylkill." 

5. "An Act to appoint certain Persons therein named to Super- 
visors and directors of the Road and Bridge over Hollander's Creek, 
leading to the West district of Greenwich Island, and to enable 
them to lay such Rutes and Assessments, from time to time, on all 
Lands ia the said district accomodated by the Eoad and Bridge 
aforesaid, as may be found necessary for supporting and maintain 
ing the same in good Repair." 

6. ''An Act for amending the Act entituled 'An Act for the 
better employment, Relief, and support of the Poor within the City 
of Philadelphia, the District of Southwark, and the Townships of 
Moyanicnsing and Passyank, and the Northern Liberties.'" 

7. "An Act for amending the Act entituled 'a Supplement to 
the Act entituled ' a supplement to the Act entituled 'An Act for 
regulating, pitching, paving, and cleansing the Highways, Streets, 
Lanes, and Alleys, and for regulating, making, and amending the 
Water Courses and common Sewers in the established and settled 
parts of the City of Philadelphia, and for raising money to defray 
the Espences thereof.' " 

8. " An Act to prevent the mischiefs arising from the increase 
of Vagabonds and other disorderly Persons within the Province." 

9. " An Act to enable the Commissioners therein named to 
settle the Accompts of the managers, and to sue for and recover 
from several Persons, their Executors, Administrators and Assigns, 
such sums of money as are now due and unpaid, on account of the 
Lottery set up and drawn, for erecting a house of Worship in the 
Borough of Lancaster, for the Use of the Presbyterian Congrega- 
tion in and about the said Borough." 

10. "An Act to prevent inconveniencies arising from delays of 
Causes after Issue joyned." 

11. "An Act for the relief cf Thomas Reily and John Whit 
pane, languishing Prisoners in the Gaol of Philadelphia, with 
respect to the Imprisonment of their Persons." 



Eodem Die, 2 o'clock, P. M. 

Two Members of Assembly waited on the Governor, and delj.v- 
ered him the following Message from the House, viz'' : 

A Message to the Governor from the Assembly. 

** May it please your Honour : 

" However ' sensible' your Honour may ' be of the many disad- 
vantages the People of this Province have laboured under, io 
being obliged, as Suitors, Jury men, and Witnesses, to attend the 
VOL. IX. — 24. 



370 MINUTES OF THE 

Sapream Court in this City from the adjacent Counties,' we arc 
Sorry to find you have rejected a Bill, in every respect calculated 
to remove those very disadvantages, unless we will agree to adopt 
your proposed amendment, which, we conceive, must be productive 
of great mischiefs to the People we represent. 

" You are pleased to say, that ' on Perusal of the Bill, you were 
doubtful whether, as it was framed, it would fully answer the good 
ends proposed, and was willing that the Utility or Inexpediency of 
it should be proved by Experience.' 

'' On this we beg leave to remark, that had your Honour doubted 
of the Utility or Inexpediency of the Bill, as it was framed, it would, 
in our Opinion, have been more Parliamentary to have proposed 
such Amendments to the House as would render those two impor- 
tant Objects evident, than to leave them to be proved by Expe- 
rience. For you must allow, should it be found neither vse/ul or 
expedient, it might, in the execution, be attended not only with an 
unnecessary Expence to the Province, but inconvenience to the 
People, both which it is our Duty to avoid. But instead of this 
you have contented yourself with only mentioning tho.se doubts, 
without assigning the least Reason for them, or pointing out the 
defects in the Bill, save in one Instance, relating to the number of 
Judges, from which you have since thought proper to recede 

" Had you condescended to have done this, and had your Rea- 
Bons been justly founded, the Bill might, and would have been 
amended, and the Publick served. And, as we cannot presume 
your Honour could expect that we Should know your Objections 
without the least intimation of them, there seems Cause to Suspect 
that the Task was too arduous. The Bill was formed on the Plan 
of Magna (.harta, and other Statutes for establishing the Nisi Prius 
Courts in our Mother Country, and the terras in which it is con- 
ceived, are the very Same in this respect as the Law to which it 
was intended a Supplement, passed by one of your Predecessors in 
the Year 1721, with this difference only, that it leaves the Judges 
to appoint the Days for holding the Courts in the respective Coun- 
ties, instead of naming them in the Bill, the only Point in which 
the Original Act was defective and impracticable, and which was 
now intended to be remedied. 'Tis true, it makes other Provisions 
to defray the Expences of the Judges, to limit the Value of Ac- 
tions to be removed, to regulate Appeals to Great Britain, and to 
oblige Jurymen to give their attendance, but to these you have not 
made the least Objection. 

''These Statutes, as well as that Law, have ever been Perpetual, 
and we believe, as all good Policy directs, ever will remain so, un- 
til the Constitution of our Mother State and this Government shall 
be dissolved. Justice there, is not, nor ever has been Temporary, 
but independant, and firmly established by laws, without Limita- 
tion. And why the People of this Province, from time to time, must 
depend on the Pleasure of any Person whatsoever, in a matter so 
efisential to their ease and happinesS; we cannot conceive. 



PROVINCIAL COUNCIL. 371 

^' We did not ' mean' to assert that no ' Instances' can be found, 
tither 'in the Mother Country, or the Colonies/ of Temporary Laws, 
in which the due Administration of Justice hath been concerned. 

" We weU know there are a ie^ among the many Statutes made 
to alter the mode of administering Justice, and particularly among 
the Statutes of Jeofails, which have been enacted, not to establish 
Essentials, but to take away the useless Forms which were required 
under the common Law, some antieat Statutes, and the long accus- 
tomed practice of the Courts ; but we know of no Instance Similar 
to the one before us, which is necessary to give the Subject a per- 
petual Remedy where it has been made temporary. 

"All the Statutes instituting the Assizes and Nisi prius, which, 
are the Laws in point, are, and were originally made perpetual. 
As to the instances in the Colonies to the contrary, we must ob- 
serve that their Conduct never has been a Rule for us, nor are we 
80 vain as to imagine ours will be to them ; and there can be no 
doubt but we shall both exercise our Judgments in the best man- 
Der we are able, for our Constituents. We are not unacquainted 
that there have been several temporary Laws, similar to this Bill, 
passed in a Neighbouring Government, nor are we Strangers to the 
mischiefs the People have suffered by their being so. This would 
render us still more inexcusable, were we to accept of the Bill ou 
the like Terms, when we know, on trial, they have been found in- 
convenient and Oppressive ; and yet we shall not do the Assemblies 
who passed them the injustice to suspect that they had not Virtue 
enough to endeavour to obtain them in a more Constitutional man- 
ner. 

" We do not disagree with your Honour in opinion, that it is not 
inconsistent with the Dignity, or unbecoming the wisdom of a Le- 
gislature, to make trial of Laws for a time, but we can perceive the 
difference between those Laws which ought to be temporary, and 
those which should be perpetual. 

" Laws are made temporary where the things enacted are, in 
in their Nature, of a limited duration, and in some Cases where the 
Regulations are entirely new, and unexperienced before. But the 
Riding of Circuits under an old established Law, the regulatioR, 
under consideration, is neither novel or Temporary ; it has been or- 
dered and practiced under the great Charter of English Liberty, 
and sundry other perpetual Laws, for many Centuries, and in seve- 
ral of the Royal Governments for a number of Years, to the great 
ease and happiness of the Subject. 

'' We cannot, therefore, perceive the least Reason to make this Bill 
temporary, that * The utility or Inexpediency of it should be proved 
by Experience.' Besides, we think it impossible that either of them 
can admit of a doubt, for it must appear obvious, on a little Reflec- 
tion, that it will be of great 'Utility' to the People to have Justice 
earned, in a manner, to their own Doors; and that it is much more 
' expedient ' that the Judges should Ride Circuit into the Several 



^^ MINUTES OF THE 

Counties, Some of them at a great distance from PhikdelpMa,. 
than to bring Several hundred Persons from thence, at a heavy and 
unnecessary Expence, twice in every year, to this City. 

" You are pleased to agree v/itli us that ' Justice is the Natural 
Eight of every man/ Woald you permit the People we Represent 
to enjoy that 'Right' hereafter, independanfc of the Will and Plea- 
sure of the Governors of this Province? it is all we ask, and aO 
Tve contend for. Bnt, yoTj say, altho' 'Justice is the Ptight of every 
Man, yet, it does not therefore follow, that all Laws which regard 
the mode of administering it ought to be Perpetual.' 

" We think it would be better and safer for the People of this 
Province, as it is at present circumstaueed, should even those Laws, 
were it necessary to form such, be made perpetual; but it is happy 
for us, that at present we have no occasion for them. And yoti will 
be pleased to consider that the Bill you have rejected was not tO' 
Begulate a modr>, but to establish an Essential. The mode is fully 
ascertained hj the Act for the advancement of Justice, whish in- 
vests the Judges with all the Powers of the King's Bench; and 
that the Bill means no more than to enable them to administer Jus- 
tice in the seversl Counties agreeable to the manner of practice m 
that Court, by repealing the appointment of the inconvenient Days, 
and enjoining them to Bide the Circuit when occasion requires. 

" We cannot help expressing our Surprize, that you should assert 
* that the only inconveniency of the Bills being Temporary, which 
we have thought proper to point out, is, that it may expire when 
the Province may be Governed by a President of the Council/ 
when in truth it was the least of our Objections. 

"Much pains have indeed been taken to invalidate it, while the 
more important one is passed over in silence ; And even this is done 
by oifering to our Consideration a new amendment of your former 
Amendment, proposing to extend the duration of the Act till there 
should be a compleat Legislative Power in the Goyernmcnt, which 
evidently proves that even this objection before stood in full force. 
But, on revisal of our Message, you will find that our principal 
Reason for making the Bill perpetual was, that. Justice ought not 
to be Temporary, Precarious, or dependant on the Will and Pleas- 
ure of either Branch of the Legislature. 

"/•This objection, then, being unanswered and unnoticed by your 
Honour, remains with all the weight and importance it had when 
we first offered it. 

" You are pleased further to remark, " that the first mentioned 
objection militates equally against all Temporary Laws, and it should 
seem strange that the discovery was never made before." 

" It may, in some measure, militate against all such Laws, but^ 
we contend that it does not equally; and it seems as ' strange' to 
ua, that your Honour has not yet discovered that the Province 
would suffer much more by the Expiration of some temporary Laws 
iban others, should a President of the Council preside, who has 



PROVINCIAL COUNCIL. 373 

not the power of reenactiug. The Province might for a tmie be 
without the Act for erectiEg a Light Rouse, &ca., or the Law for. 
extending the Escise on Strong Liquors, with many others, without 
Sustaining any gres.t inconvenience or loss, not more than before 
those Acts passed, or perhaps not so much, but, to have .Justice 
cease in the several Counties, would lie an oppressiou of a much 
more grievous Nature, and Eiore sensibly felt by the People; And 
therefore, in our opinion, athe' the Legislature may run this 
Risque in the former Cases, yet, ia the latter, it ought never to be 
done. 

" Your Honour is pleased further t<? add, should the Act at its 
expiration be found fully to ansvrer all the good Purposes proposed, 
there can be no E,easou to doubt the renewal of it. We heartily wish 
that in this we could concur in opinion with you, but ' Experience' ' 
that great test of Human Wisdom, hae taught us to beiieve the 
contrary; man}" instances maybe adduced, and that uot iong sicce, 
of the refusal of Bills absolutely neceesary even to the Safety of 
the Province, and what has heretofore often happened, we are not 
to conclude will not happen again. Lut if this Act may be re- 
newed on its expiration, should it be found to answer the good endg 
proposed, why may it not as well be amended or repealed, should 
it be found inconvenient even at the next sitting of Assembly after 
such inconvenience shall be discovered? It will be our interest, as 
well as our Constituents' that this should be done. We are the 
Persons who are to reap the benefits of the Act, and must experi- 
ence the mischiefs, should any arise. And it eaonot, on any Princi- 
ple of Reason, be presumed that those who suffer by a disorder 
will not seek a Ftemedy. Why, therefore, you should refuse the 
People a perpetual redress of this their great Grievance, because we 
cannot, for the reasons 'we' have given, join with you in making 
the Bill temporary in the first instance, we must confess, appears 
not a little strange only, but unreasonable and unjust. 

" Before we conclude, we cannot help declaring that we esteem, 
your refusal of this important Bill a denial of as essential Right, 
to which the People of this Province are entitled as English men. 
By magna Charta, tke^reat Charter of EnglLsh Liberty, so repeat- 
edly confirmed, it is declared that, Justice or Rvjkt shall not be mldf 
denied^ or delayed. By the statute of Westn^inster, Ist, Right shall 
be done to all, without respect of Persons, and by several Subse- 
quent Laws, Right shall not be delayed for any Command under 
the great Seal. These Priviledges, we and our Ccnstitueuts 
claim as a Birth-right and Inheritance, and every denial of thent 
is a Violation of our Liberties. Without this Bill, you must be 
sensible ihd-t Susiit^ek Right caxwiQi be duly administered to the Peo- 
ple, and, in many insTtances, must remain not only delayed but to- 
tally denied, and were we to accede to your amendment, we cannot 
be certain but both must be purchased hereaftery or the People left 
deetitute of .theai:. 



S74 MINUTES OF THE 

" It is expedient that on this important occasion we explain our- 
selves with freedom. It is impossible for this branch of the Legis- 
lature to foresee the disposition of a Governor, or whom he may- 
be, when this Bill, had it passed agreeable to your proposed amend- 
ment, should expire, nor on what terms it might be again obtained 
for the People. We have seen Gentlemen in that station disposed' 
to refuse, and who have refused, many Reasonable Rrg«lations, But 
on terms the most injurious and Oppressive. 

" We, therefore, as your temporary amendment has a tendency 
to increase the Proprietaries' Power and Influence in the Province, 
and to render the People, already too dependant on their Will and 
Pleasure,, still aaore so, cannot so far Wave the Rights of his Ma- 
jesty's faithful subjects in this Province, as to pass so necessary a 
Bill with a limitation which must increase that dependance,.but 
rather choose to wait, however inconvenient it may fee, till a more 
favourable opportunity shall present of obtaining for them that 
Justice which they are now most unreasonably denied. 
*^' Sigaed by Order of the House, 

" JOSEFB GALLOWAY, Speaker." 



Friday, 20th March, 1767. 
MEMOHANDUM. 

The Council having been Summoned to meet this Forenoon, and 
none of the Members airtending except Mr. Peters, bis Honour ac- 
quainted him that the J'astiees of Siissex Coanty had represented 
to him that several of their Brethren in the Magistracy were Dead,, 
and it being expedient that others should' be appointed in their room 
to assist the present Justices, as vxell as to accomodate many of the 
inhabitants of the County, had recommended tt) him John Rodney, 
Anderson Parser, Cornelias Turner, Parker Rbbinsony Boas Man- 
love, and John Willbanch, as men of Integrity and Ability, and 
well qualified for the Office of Magistrates. The matter being taken 
into Consideration, the Governor thought proper to issue a special 
Commission, assigning the above named Gentlemen Justices of the 
Peace and of the County Court of Common Pleas for the County 
of Sussex. 

A special Commission was also issued this Day }>j the Governor 
appointing John Allen, Esq ■ a Justice af the Peace and of the 
County Court of Common Pleas for the County of Philadel- 
phia. 



Monday, 23d March, 1767. 

The Speaker of the Assembly this day sent to the Provincial 
Secretary, a written Order to issue a Writ for tie Electioa of a» 



PROVINCIAL COUNCIL. 375 

new Member of Assembly for Chester County, which followa in 
these Words, viz.,: 

*' Pennsylvania, ss : 

" By a Resolve of this Assembly on the nineteenth Instant, I am 
impowered and directed to order the Provincial Secretary that he 
do issue a Writ to the Sheriff of the County of Chester, for the 
Election of a Member to serve as a Representative in this Assem- 
bly for the said County, in the room and stead of John Morton, 
Esquire, whose seat is become vacant. Therefore, by virtue of the 
said Resolve, and in pursuance of an Act of Assembly of this Pro- 
vince in that Case made and Provided, 1 do require that a Writ be 
issued to the Sheriff of the said County for the purpose aforesaid, 
according to the direction of the said Law, Dated at Philadelphia, 
the twentieth day of February, 1767. 

" JOSEPH GALLOWAY, Speaker. 

" To Joseph Shippen, Jun'- Esq'' Provincial Secretary." 

The Secretary communicated the same to the Governor, and a 
Writ was accordingly issued this day, directed to the Sheriff of 
Chestor County. 



At a Council held at Philadelphia, on tuesday 4th April, 

1767. 

PRESENT : 

The Honourable JOHN PENN, Esq'-, Lieutenant Governor, 
&^ 

Benjamin Chew, ") -p 
James Tilghman, j * 
The Governor laid before the Board, for their consideration and 
Advice, a Letter from his Excellency Horatio Sharpe, Esquire, 
Governor of Maryland, dated the 26th March last, and also a Peti- 
tion from John Redick, which were read, and follows in these 
Words, Viz' : 

^ Letter to the Governor from the Governor of Maryland 

" Anapolis, the 26th March, 1767. 
"Sir: 

" John Roddick, the Bearer hereof, having represented to me 
and produced the inclosed Paper, (signed by several of the Jus- 
tices of Frederick County, in this Province), to show that some of 
the Inhabitants of Peunsylvania have by violence dispossessed him 
of a tract of Land which he had many Years held peaceably under 
a Maryland Patent, I have told him that as the Land lies North- 



376 MINUTES OF THE 

ward of the dividing Line, which was run last Year, he must apply 
to your Government for Redress, and that I aui persuaded you will, 
upon his waiting on you with a state of his Case, interfere so far 
aa to prevent his being by violence kept out of Possession or de- 
prived of his Farm, unless on a fair trial some other Person can 
ahew a better liight to it. 

" I am with great Regard, Sir, 

" Your most obedient humble Servant, 

"HORATIO SHARPE. 
" Governor Penn." 



.4 Petition to the Governor from John Redick. 

To the Honourable John Penn, Esquire, Governor of Pennsyl- 
vania. 

" The Petition of John Redick, Farmer, most humbly shewetb, 
That your Petitioner was possessed of part of a Tract of Land, 
called Carrol's delight, taken up and Patented in Maryland, under 
the Right Honourable Lord Baltimore, in or about the Year Sev- 
enteen hundred and thirty-five, by Charles Carrol, Esquire, of An- 
apolis ; The Quit Rents arising due upon which Land, so long as 
your Petitioner has known it, have been annuall}' paid to Lord Bal- 
timore's Agent ; That by the last Line, run as a divisional Line 
between the Provinces of Maryland and Pennsylvania, the same 
Land lies in the latter ; that a certain William Patterson, with a 
naoiber of his confederates, in the absence of your Petitioner, made 
a forcible entry into his, your Petitioners, dwelling House, 
standing upon the said Land; drove from thence his Children, 
seized upon your Petitioner's Wheat, Spelts, Indian Corn, Rye, 
Flax, Hogs, Sheep, koS^ Whereupon, your Petitioner applied to a 
Magistrate of Frederick County in Maryland, (apprehending, and 
having the strongest reason to believe, that the Magistrates in York 
County would not concern therein, by reason of the Divisional Line 
aforesaid not being finally settled,) who ordered an enquiry to be 
made, agreeable to the statutes in such cases of forcible entry and 
detainer ) an Inquisition of the County and neighborhood there- 
upon being had, found the Entry and Detainer with force, and a 
Warrant was issued, directed to the Sheriff of Frederick County, 
to make Restitution to your Petitioner; in Obedience to which 
Warrant, the said Sherifi^, with about thirty Men, were approaching 
the house aforesaid, to which, when they had got within the dis- 
tance of Sixty Yards, the Deforceants, with Guns pointed, ordered 
them not to advance a single step at the Peril of their Lives, and 
the said Sheriff, esteeming it dangerous to attempt forcibly to exe- 
cute the Warrant aforesaid, returned without more doing ; That 



PROVINCIAL COUNCIL. S7T 

your Petitioner applied to tho Justices of Frederick County Court, 
in Maryland, for their assistance, but the said Justices apprehending 
their Jurisdiction did not extend beyond the Line run between the 
Provinces aforesaid, refused to act in the Case. Your Honour's 
Justice and benevolence being the only Resource now left your 
Petitioner, he most humbly implores your Honour to take his dis- 
tressed Case into Consideration, and pursue such measures for his 
Relief as your Honour's Wisdom and Cleinency will point out, 
and your Petitioner, as in duty bound, will pray. 

"JOHN KEDECK. 
'' March 2Cth, 1767." 

The matter of the said Letter being duly weighed and considered, 
the following answer thereto was drawn up, approved, and sent to 
Governor Sharpe : 

A Letter from the Governor to Governor Sharpe. 

"Philadelphia, April 5, 1768. 

•' Sir : 

'' I received your favour of the 26th March last, by Jn"- Redick, 
who appears to have been very injuriously and cruelly treated, and 
being sincerely disposed to assist him as well as to promote the Peace 
and tranquility of the two Provinces, I could wish it were in my power 
to aflford him the Redress his wrongs so loudly demand. It appears 
that the Land of which he has been dispossessed was granted by 
Lord Baltimore in the Year 1735, and was possessed under that 
Grant in the Year 1738, when the Royal Order for settling the 
Temporary Line was made. By that Order, the Possession of 
Lands, tho' beyond the Temporary Limits prescribed by it, and 
the Jurisdiction of the respective Proprietors, were to remain 
as they then were, till the boundaries between the two Provinces 
should be finally settled. The right of Jurisdiction, therefore, 
depends on the determination of a previous Question, which is, 
whether what the Commissioners have done is a final Settle- 
ment of the Boundaries ? and I confess I cannot help being of 
Opinion, that as things stand the matter is not yet brought to 
such an Issue as to make it prudent for this Government to in- 
terpose on this occasion ; and I am the more confirmed in this Opin- 
ion, because the Jurisdiction on either side the Tangent Line still 
remains unchang'd, tho' the Boundaries have lor some time been 
set up in that Line. Another consideration that induces me to de- 
cline any interposition in the affair is, that the Person now in Pos- 
session had the Deed under which he claims Recorded in Maryland, 
and has paid the Quit-Rent of the Land, even since the violence 
committed to the Agents of Lord Baltimore, and thereby, as I con- 
ceive, he not only hath acknowledged, but your Government hath 
claimed and exercised, Jurisdiction in this Case. But tho' I cannot. 



378 MINUTES OF THE 

for the reasons I have offered, afford the injured Person the Relief 
he stands in need of, you maybe assured that those who have injured 
him shall receive all possible discountenance from this Govern- 
ment. 

" I have the Honour to be, with great Regard, Sir, 

'* Your most Obedient humble Servant, 
"JOHN PENN. 
" To his Excellency Horatio Sharpe, Esquire." 



At a Council held at Philadelphia, on Friday 24th April, 
1767. 

PRESENT ; 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c» 

Richard Peters, Benjamin Chew, \y, ■ 

James 1 ilghman, J ^ 

The Governor having lately received by the Pacquet, two Letters 
from the Right Honourable the Earl of Shelburne, one of his Ma- 
jesty's principal Secretaries of State, one dated the 11th Decern'' 
1766, the other January 13th, 1767, laid the same before the Board 
for their Consideration, together with the draft of two Letters in 
answer to them, as also an estimate of the Annual charge of Sup- 
porting the Establishment of this Province, and the List of the 
Fees of the different Offices which they respectively refer to. 

The Council having thereupon duly considered them, and ap- 
proved the said Answers, &c*' they were ordered to be fairly 
Transcribed, and forwarded by the first Conveyance. The said 
Letters and Answers follow in these words, viz'- : 



(No. 1.) 
^rom the 1 
" Whitehall, December 11th, 1766 



./? Letter to the Governor from the JRt. Hon'ble. the Earl of Shel- 
burne. 



" Sir : 

*< I am to signify to you his Majesty's Pleasure, that you will, 
■with as much dispatch as may be, transmit to nie, for his Majesty's 
information, an exact Estimate of the annual Charge of maintain- 
ing and supporting the entire Establishment of his Majesty's Colo- 
ny of Pennsylvania, distinguishing the different Funds, and the dif- 
ferent Services to which those Fuuds are appropriated. 

" You will be very particular in specifying what Funds are fixed 
and regular, from those which are annually granted, or which expire 
in a given time. 

*' It is also his Majesty's Pleasure that you transmit to me at 
the same time, a full and clear account of the manner of imposing 



PROVINCIAL COUNCIL. 379 

Quit Rents, and of levying them, as also the Mode of granting Lands 
in your Colony, Specifying the Amount of Arrears of Quit Rents, 
and the number of Grants hitherto made, and to whom ; hoW many 
Acres to each, and at what tiQ-.e the Grants have been made. 
" I am Sir, your most Obedient humble Servant, 

'* SHELBURNE, 
" Deputy Governor of Pennsylvania." 
P, S. — In your future dispatches I would recommend to you 
the giving every seperate Subject a seperate Letter, and the num- 
bering of each Letter; this method will contribute much to the Or- 
der and dispatch of Business. 



(No. 2.) 

Ji 2nd Letter to the Governor from the Earl of Shelburne. 

"Whitehall, January 13th, 1767. 
"Sir: 

" By my Letter of ll"" December, I signified to you his Majesty's 
Pleasure, that an exact Plstimate of the Establishment of the Colo- 
ny of Pennsylvania should be transmitted to me, for his Majesty's 
information; also a full and clear Account of the manner of grant- 
ing Lauds and imposing Quit Rents. I am now to signify to you 
his Majesty's further Pleasure, that you transmit to me at the same 
time, the established Fees of the different Offices in the Colony, 
particularly the Fees and other Charges attending Grants of Lands, 
whether legally established or received as Perquisites, which have 
got a Sanction by Custom, and distinguishing each. 
" I am with great Truth & Regard, Sir, 

" Your most Obedient humble Servant, 

" SHELBURNE, 
"Deputy Governor of Pennsylvania." 



(No. 1.) 
A Letter from the Governor to the Earl of Shelburne. 

" Philadelphia, 24th April, 1767. 
" My Lord, 

"I have the Honour to acknowledge the Receipt of your Lord- 
ship's Letter of the 11th December last, and in obedience to his 
Majesty's Commands therein signified, I herewith transmit for his 
Majesty's luformition, an Estimate of the Annual Charge of sup- 
porting the Establishment of Pennsylvania, and at the Foot thereof, 



380 MINUTES OF THE 

have noted such observations respecting the Funds established by 
Law, as will be sufficient to explain the nature of them, and the 
purpos'es for which they were created. 

" In answer to the other part of your Lordship's Letter, respect- 
ing the manner of imposing Quit Rents, and granting Lands in this 
Colony, of which your Lordship is pleased to signify that his Ma- 
jesty recjuires a full and clear Account, I beg leave to acquaint your 
Lordship that the Proprietary Quit-Rents are created by way of 
Reservation in the Grants of Lands to the Settlers, and they are 
levied by way of distress according to the Laws of England, where 
a distress is to be found upon the Land, and if there be no distress 
upon the Land, an Action of debt lies against the Grantee of the 
Land for the Quit-Rents. These Rents, in many parts of the Pro- 
vince, upon the old Grants, were so trifling, that they have been a 
good deal disregarded, and scarcely thought worth the trouble and 
Expence of Collection, and have remained so long unpaid, and the 
Old Rent-Rolls, of Course, in so much disorder, that it would re- 
quire a very long time, and a great deal of Pains, to make an Es- 
timate of the amonnt of the Arrears, if it be at all practicable. 

''There is no being exact as to the number of grants ; about Seven 
Thousand have issued since the Year 1700 ; and before that time 
there is no regular Account of any Grants by Patent. The usual 
mode before that time, was by Lease and Release of unlocated 
Quantities to be afterwards surveyed. These Deeds were not al- 
ways Recorded. 

" As to the Names of the Grantees, the Quantity of Land to each, 
and the times of the Grants, I would beg leave to represent that 
they cannot be given without, in a manner, copying four or five very 
large Folio Volumes, which contain the Registry of Grants, and 
which, to extract, would require a time and Expence I can scarcely 
imagine his Majesty is apprehensive of. However, if it be the Royal 
Pleasure, it must be executed. 

There are two modes at present of granting Lands in Pennsylvania : 
1st. Where the Lands are settled and improvedupon (as is the Case 
in a multitude of instances), the Improver applies for a Warrant 
to take up a certain quantity of Land, including his improvement, 
and \jtpon paying down two-thirds of the purchase money, a Warrant 
is made out by the Secretary of the Land Office, under the Seal of the 
Office, and is signed by the Commissioner of Property, who at 
present is the Governor, This Warrant is sent to the Surveyor 
General's Office, there to be I'ecorded, a Copy of it is sent by the 
Surveyor General to his Deputy in the Country, with an Order to 
make a Survey. When the Survey is made, a Draft of it is re- 
turned into the Surveyor General's Office, whence it is certified 
into the Secretary's Office, and upon payment of the remainder of 
the purchase money with Intei-est, and Arrear of Quit Rent from 
the time of making the improvement, the Grant is made out by the 
Secretary of the Land Office, under the Great Seal, signed by the 
Commissioner of Property. 



PROVINCIAL COUNCIL. 381 

" The other mode of granting respects uncultivated vacant Land, 
The Person who would take up such Land, applies to the Sccetary 
of the Land Office, and puts in his Location, which describes the 
Township and County where it lies, and on whose land it bounds, 
if it be adjacent to any, if not, on or near what River or Creek, or 
other remarkable place, it is Situate, and expresses the Quantity the 
applier would take up. These Locations are all Numbered as they 
are applied for, and after being entered in their Order in a Book 
kept for that purpose by the Secretary of the Land Office, they are 
sent up in the same Order to the Surveyor General's Office, and 
from thence Orders are issued by the Surveyor Greneral, still in the 
same Order, to his Deputies in the Country, to svirvey and return 
the Lands mentioned in the Locations. When they are surveyed, 
they are Returned into the Surveyor General's Office, as in Case of 
improved Lands, and then a Warrant issues from the Secretary's 
Office to the Surveyor General to accept the Survey," and certify it 
into the Secretary's Office, upon which, and payment of the whole 
purchase money, a Patent or Grant is made out by the Sacretary, as 
mentioned above. 

" I have the Honour to be, with great Respect, 
" My Lord, Your Lorship's most Obedient, 
" humble Servant, 

"JOHN PENN. 

" To the Right Honourable the Earl of Shelburne." 



An Estimate of the Annual Charge of maintaining and sup- 
porting the Establishment of the Province of Peiinsylvania. 

Salaries usually allowed by the Assembly to Officers of Govern- 
ment for their Services, viz'' : 

The Lieutenant Governor, . . . . 1,000 

The Chief Justice of the Supreara Court, - - 200 

The two other Judges of the Supreara Court, 

each £100 200 

The Attorney General, ... 75 

The Clerk of the Governor's Council, - 15 



1,490 



Accompts for Public Services Annually allowed 
by the Assembly, viz'' : 

The Members of Assembly, for their attendance, from £ 600 

to £ 1000 f Annum 800 

Several Members of Assembly for extraordinary ser- 
vices 150 

The Agent for the Province in London, £200 St"' a 75 
f ct. - - 350 

The Clerk of the Assembly for his Services, about - 200 

Acco'' of Printing Laws, Votes, &c''' and for Paper - 100 

Acco'- of Postage of LettwS; about - - - 70 



MINUTES OF THE 

The keeper of the G-reat Seal for affixing the Seal to 

Laws, &c*- --.-... 15 
The ('lerk of the Governor's Council, Acco'- of War- 
rants, &c*' - 15 

The Master of the Rolls for Recording Laws and 

making Exemplifications of them - - - 30 

The Barrack master of Philadelphia - - - 50 

The Barrack master of Lancaster - - - - 40 

The Clock Maker, for his care of the State House 

Clock, and Acco'-. of other Services, about - - 50 

Door-keeper to the Council 5 

Serjeant at Arms - - - - ... 10 
Door-keeper to the Assembly, for his Acco'- of Ser- 
vices 25 



40 
1,910 


£ 3,100 



Observations respecting the Funds in Pennsylvania. 

"The foregoing Charges of Government have been usually paid 
by Order of the Assembly, out of the Funds arising from the In- 
terest of £ 80,000 in Bills of Credit, emitted on Loan at 5 '^ Cent. 
But as that Fund, near its expiration, became diminished, and the 
Law establishing it required that all the Bills of Credit, emitted on 
Loan, should be paid in and sunk in the Year 1762, The G-overn- 
ment Charges in the years 1760, 1761, 1762, & 1763, were defrayed 
out of the Money granted by Parliament to the Colonies, to Reim- 
burse them for their Expences in the late War. 

"The same Charges have accrued in the Years 1764, 1765, & 
1766, but as there have been no Funds lately subsisting, sufficient 
to d fray them, nor any new ones created for the purpose, the 
Province still remains indebted for the same. 

" There have been no Funds actually fixed, nor any annually 
granted in this Province. The Laws which have established any 
have ever been occasional and limited to continue a certain num- 
ber of years. 

" The only Funds which have been created by the late Acts of 
Assembly are of five kinds, and as follow, viz'- : 

1st. " An Annual Interest of 5 p C'- arising on the Bills of 
Credit struck from time to time and emitted on Loan which inter- 
est hath been applied towards defraying the Charges of Govern- 
ment, and to such other uses as the Assembly directed. This Fund 
expired as abovementioned, in y'- year 1762. 



PROVINCIAL COUNCIL. 383 

2dly. " An Excise laid on Wine, Rum, Brandy and other 
Spirits, of 4''- p Gallon in the year 1756, and continued Ten Years, 
for Sinking Thirty Thousand Pounds emitted in Bills of Credit and 
granted to the King's use, now Expired. 

3d. " Several Taxes of Eighteen Pence in the Pound on all 
Estates Real and Personal, raising about £23,000 "^ Annum, which 
is applied towards sinking and destroying the Bills of Credit issued 
at different Times during the late War, and granted as Supplies 
to the King's use. These Taxes are directed by Law to be con- 
tinued till the Year 1772, and as much longer as till all the Bills of 
Credit now Current in the Province shall be entirely sunk. 

4th " A Duty laid on Negroes and mulatto Slaves imported into 
the Province, of £10 each, commencing in the Year 1761, to con- 
tinue till the Year 1768. The money arising from this Fund is ap- 
plied by Act of Assembly to the Payment of the Owners of negroe 
Slaves, Executed for Capital Crimes, and the Overplus towards 
Sinking the Sums of money heretofore granted to the King's use. 
This Duty has produced for the last 8 years about 56650 '^ Ann" 

" 5th. A Duty Tonnage upon all Ships and other Vessels coming 
into or going out of the Province, ojf Six Pence P. Ton, commenc- 
ing the 1st of January 1765, and to continue Eight Years. This 
Duty produces about £970 P. Annum, and is appropriated by Law 
for the maintenance and Support of a Light House at the mouth of 
Delaware Bay, and the Buoys placed in the said Bay and River 
Delaware. 

*• Besides the above mentioned Taxes and Duties, the Inhabi- 
tants of this Colony annually pay other considerable Taxes for the 
support of the Poor, repairing Roads and Highways, and for the 
other contingent Charges accrueing within their respective Coun- 
ties. The Citizens of Philadelphia also pay Taxes for the main- 
tenance of the Poor, Support of the City Watch and lamps, & 
paving the streets, &c*' 



[No. 2.] 

A 2nd Letter from the Governor to the Earl of Shelburne. 

"Philadelphia, 25th April, 1767. 
" My Lord : 

" Having lately had the Honour to receive your Lordship's Let- 
ter of the 13th January last, signifying his Majesty's Orders that 
I should transmit to your Lordship the established Fees of the dif- 
ferent Offices in this Colony, particularly the Fees and other Charges 
attending the Grants of Lands, &c*' I now embrace the earliest 



384 MINUTES OF THE 

Opportunity of inclosing a List of the same, and have the Honout' 
to be with great Respect, 

" Your Lordship's most Obedient humble Servant, 

"JOHN PENN. 
"To the Eight Honourable the Earl of Shelburne." 

The Governor then laid before the Board Transcripts of tviro Re- 
cords of conviction, by which it appears that at a Court of Oyer 
and Terminer, and general Gaol Delivery, held at new Castle, for 
the County of New Castle, ou the 7th day of October 17G6, be- 
fore John Viniug, Jacob Vanbebber, Richard M' William and John 
Clowes, Esquires, the Justices of the said Court, assigned &c^' 
John Scarlet was tried and convicted of feloniously stealing a Mare, 
the Property of Caleb Perkins, on the 26th of May, 1705, and also 
of Feloniously stealing a Gelding, the property of William Shipley, 
the younger, on the 2od of May last, and did receive Sentence of 
Death for the said Crimes respectively. 

The Council having considered the Case of the said John Scarlet, 
and that the Justices of the said Court recommended him as an Ob- 
ject of Mercy, advised the Governor to issue a Pardon for him, 
which his Honour accordingly granted. 

The Governor also laid before the Board another Transcript of a 
Record of Conviction, whereby it appears, that at a Court of Oyer 
and Terminer and general Gaol delivery, hold at Dover, for the 
County of Kent, on the 28th Day of March last, before John 
Vining, Esquire, and other his Associates, Justices of the said 
Court assigned, Rachel Francisco was tried and convicted of Felony 
and Murder, committed on her own Bastard Male Child, on the 7th 
of February last, and had received Sentence of Death for the same. 

The Board took this matter into Consideration, and it appearing 
that the Justices of the said Court were of Opinion that there were 
several favourable Circumstances in the Tryal of the said Rachel 
Francisco, and had strongly recommended her as an Object truly 
worthy of Compassion and Mercy, The Governor, by the advice of 
the Members present, was pleased to grant the said Rachel Fran- 
cisco A Reprieve for twelve Months, Provided no Orders should come 
from the Crown for her Execution before the Expiration of the said 
Term. 



Tuesday 5th May, 1767. 
MEMORANDUM. 

Two Members of Assembly waited on the Governor, and ac- 
quainted him that the House were met pursuant to adjournment, 
and Requested to know his Honour's Result on the Stave and Pilot 
Bills, which had been under his consideration since the last sitting 
of the House, and that they were ready to receive any business be 



PROVINCIAL COUNCIL. 385 

might have to lay before them. The Governor made Answer, that 
the House might expect to hear from him very soon with respect to 
those Bills, but that he had no particular business at present to 
recommend to them. 



At a Council held at Philadelphia, on Saturday 9th May, 1767. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governoi;, 

Ilichard Peters, Richard Penn, } t;, 

Ty • • ni T 'PI I, r Esquires, 

xJenjaniin Chew, James 1 ilghman, ^ ^ 

The Governor laid before the Board a Bill sent up Yesterday by 
the Assembly for his Concurrence, entituled ''An Act to amend the 
Act entituled 'An Act for establishing Courts of Judicature within 
this Province,'" v/hich was read and ordered to be laid by for a 
future Consideration. 

Two 31cRibers of Assembly waited on the Governor, and delivered 
him a Written Message from the House, in tlie following Wordg^ 
and at the same time laid before his Honour the Petition thereic 
Referred to : 

A Mesaarje to the Governor from the As?,emhl(/. 

'^ May it please your Honour : 

'' Upon Enquiry into the matters contained in this Petition here- 
with laid before you, we find that a ('ompany of Conoy, Nanticoke^ 
and Delaware Indians came last Winter into the Township of Mill- 
ford, in the County of Bucks, settled on the Lands of Peter Tuck 
without his Permission, destroyed a valuable part of his Timber, 
and by their disorderly and insolent Beliaviour when under the in- 
fluence of Spirituous Liquors, which they found means to procure, 
notwithstanding the Act of Assembly to the contrary, gave great 
cause of uneasiness and Terror to the Inhabitants j And as it is 
very probable the same Indians may return next Winter, and Quar- 
rels ensue between tiiem and the People, which may tend to disturb 
the Peace now so happily established between this Government and 
the Natives, We beg leave to request your Honour would take suoh 
measures as you may think most effectual to secure the public 
Safety, by preventing the mischiefs which are likely to attend theirr 
return. 

" Signed by Order of the House, 

JOSEPH GALLOWAY, Speaker. 



VOL.. IX. — 26, 



386 MINUTES OF THE 

May 9th, 1767. 

It haTing been several times represented to the Governor that 
the Inhabitants in aboiit Fort Bedford, and in Sherman's Valley, were 
in great Necessity for Justices of the Peace to reside among thcra, 
and James Elliot, Bernard Dougherty, and George Robinson, being 
well Recommended as the most proper and best Qualified Persons 
in those parts of the Country to execute the duty of Magistrates, the 
Governor, with the advice of the Board, ordered special Commis- 
sions to be issued, appointing them Justices of the Peace and of 
the County Court of Common Pleas for the County of Cumberland. 



At a Council held at Philadelphia, on Monday 11th May, 1767» 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c. 

Richard Peters, Benjamin Chew, ) tt, 

T r •, T 1 I- xLsquires. 

liyniord Lardner, j ^ 

The Bill entituled " An Act to prevent the Exportation of bad 
and unmerchantable Staves, Heading, Boards, and Timber, was con- 
sidered, and the following amendment being made thereto, was Or- 
dered to be returned to the House with the same: 

"Amendment io the Bi'H entituled "An Jlct to amend the Jlct enti- 
tuled ^ Jin Act to prevent the Exportation of had and Unmercle- 
aniable Staves, Heading, Boards, and Timber.' " 

" Page 3. Dele from the word [that] in the 4th Line to the word 
[and] exclusive, in Line 9, and instead thereof insert as follows, 
tIz'": [if any Staves, Heading, Boards, Plank, or Timber, shall at 
any time after they have been inspected and examined by the pro- 
per Officer, be sold to any Person or Persons, before they are La- 
den or put on board any ship or Vessel for exportation, they shall, 
on such Sale, he again Submitted by the Vender or Seller, to the 
Examination of the Said Officer, or one of his Deputies, and so as 
often as any Sale thereof shall be made]." 

The Governor having been applied to by several of the Justices 
of Lancaster County, some time ago, to appoint another Magistrate 
within the Borough of Lancaster, where only two for the County 
reside, and the said Gentlemen, as well as others, having Recom- 
mended James Bickham as a person of Integrity and ability, and 
qualified to- execute that Office, the Governor, by the advice of the 
Council, ordered a special Commission to be issued, appointing the 
said James Bickham a Justice of the Peace and of the County 
Court of Common Pleas for the County of Lancaster. 



PROVINCIAL COUNCIL. 387 

The consideration of the Circuit and Pilot Bills was deferred till 
the next meeting of the Council. 

The Governor hiid before the Board a Transcript of a Kecord of 
Conviction, by which it appears that at a Court of Oyer and Ter- 
miner and generd Gaol delivery, held at Philadelphia, for the 
County cf Fhiladelphia, the Wth day of April last, before Williana 
Coleuiare and Ales:aiider Stediiian, P^squires, two ■of the Justices of 
the said Court assigned, &c^' Arthur McNealy was tried & con- 
victed of the Murder of Mary McNealy, his Wife, on the od day 
of January last, and had receiv'd Sentence of Death for the 
same. 

This matter being taken into consideration, and it appearing that 
some favourable circuiK.stances attended the Case of the said Ar- 
iohur McN«a,ly, which appeared from the Evidence at his Tryal, The 
Governor was pleased to grant tke said McNealy a Reprieve until his 
Majesty's Grnicious Pleasure should beknowE, which follows in these 
Words, vix"^ : 

** [2/. S".] JOIfN' PENISf^ E^uire, Lieultaant Governor ^ and 
Commander ill- Chief of the Province of Pennsylvania, and 
Counties af Neioca^tle, Kent, Sussex, on Delaware, 

■^<- To the Sheriff </f the Ciif and Cov.nt^ of PhiladelpMa^ 
Grectimj : 

" Wherm:^ Arthur McNea5y, late of Philadelphia Coun- 
ty, Labturer, at a Court of Oyer and Terrainer, and general 
Gaol Delivery, held at Philadelphia, for the said' County 
of Philadelphia the tenth day of April last, was convicted of the 
murder of Mary McNealy, his Wife, and did then receive Sentence 
of Death for the same; And Tihercas^ fur divers good Reasons 
me thetiito especially moving, I am desirous that the Execution of" 
the said SeuteRce of Death sliould be Respited until his Majesty's gra- 
cious Pleasure be kaown ; Know, therefore, that by virtue of the Let- 
ters Patent granted unto the late Proprietary^ and Governor ia Chief 
of the said Province aud Couaties, and the powers derived to me 
under the same, I do hereby Repriece the said Arthur McNealy, 
and do suspend the Execution of the Sentence of Death awarded 
against him for the Term and Space of Twelve Months from the 
date hereof; Provided alwaj/s, that this present Instrument of 
RtjprievL', and the full force and Effect thereof, shall upon due no- 
tice givi'ti, immediately cease and Terminate by, and be subject unto 
any Oidi r or direction that maj'^ at any time, within the space above 
nientioucu, come from Great Britain, to signify his Majesty's Royal 
Will a.ad Pleasure relating thereto; Hereof you. are to take due 



388 MINUTES OF THE 

notice, and to stay the said Execution accordioglj, as you will aa- 
swer the contrary at your Peril. 

'■'Given under my hand and the Great Seal of the said Province, afc 
Philadelphia, the twentieth day of May, in the Seventh Year of 
the Reign of our Sovereign Lord Gegrge the fthirJ, by the Grace of 
God, of Great Britain, France, and Ireland, King Defender of 
the Faith, &c*-' Aonoque Domini, One Thousand seven hundred 
and Sixty-aeven. 

"JOHN PENN." 



At a Council held at Philadelphia 02 Thursday, 14th May^ 
1767. 

present: 

The Honourable JOHN PENN, Esquire, Lieutenant Governor;, 
&ca. 

Benjamin Chew, Kichard Penn, \ y 

Lynford Lardnerj, James Tilghman, ^ ^'' ^ ^ 

The House having again sent up to the Governor the Bill for 
preventing the Exportation of bad and unmerchantable Staves and 
Heading, &c''' with a Verbal Message that they adhere to the Bill 
as it stands. The Governor laid the same before the Board, who 
advised him to return it to the House with a Message acquainting 
tbem that he recedes from his proposed amendment. 

Then the Bill for appointing Wardens for the Port of Philadel- 
phia wa.'j reconsidered, and the following Amendsients we?e made 
io it and ordered to V>e sent to the House with the Bill. 

Jimendments to the Bill entitvled '-"An Jltt for appointing War- 
dens for the Port of Philadelphia, iccst. 

"Page IS, Line 13. instead of the word [Eighty] say QFifty,] 
" Page 32, Lines 6 & 7. Dele the words [for and diaring the space 
of three Years,] and instead thereof insert the words [to the eighth 
day of February, which will be in the yeair of our Loj-d 1769. j" 

The Asserably's- Message of the 9th Instant bting taken into 
consideration, the Secretary was ordered to deliver to the House the 
following Verbal Message in Answer theretO;, vizi' ; 

" Sir : 

" The Governor orders sie to acfjuaint tbe House that he has con- 
sidered their Message of the 'Jth Instant^ and will take every pre- 
<;aution in his Power to prevent any future uneasiness and Terror 
to the Bucks County People^ by the Indians returning to settle 
^mong them," 



PROVINCIAL COUNCIL. 389 

Tke Bill for amending the Act far establishiag Courts of Judica- 
ture within this Province, was reconsidered, and some AraGndments 
were proposed & ordered to be laid by witk the liill, for further coe.- 
sideratioa. 



The 15th May, I7G7, A. M. 
MEMORANDUM. 

The Governar seEt the. Secretary to the Assembly witk the follow- 
ing Message to tke House, viz"^ 

''' Sir : 

''The Gfovernor requests the House will furbish him with a list of 
the Certificates drawn by the AsseiJibly, which the Notes or Billt 
ordered to be struck by the Bill entituled 'An Act for raising the 
Sum of £20,000 foiT the support of (he Government of this Pro- 
vince, and pa}ment of the Public Debts,' now Ksder his considera- 
tion, are iat^jaded ie discharge or satisfy." 



Eedera die, P. K, 

Two M-3U3bers of Assembly waited on the Govei'Eor and delivered 
Kim an Account of the auiount of Certificates granted by the As- 
senibly for the discharge of the Publick Debtii, agreeable to his 
Request of this Mofuing. 



At a, Council held at PKladclpli'ta, on Satarday IGth May,, 
17G7. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenact Gover- 
nor, &c'- 

Richard Peters, Thomas Cadwalkder, > ^ 

Benjamin Chew, Richard Penn, 3 ^^'^^''^^' 

The G-overnor laid before the Board two Bills sent up on Thurs- 
day last by the House of Assembly for his Concurrence, entituled 

1. •"An Act for raising the Sum of Twenty Thousand Pounds for 
the Support of the (jroverni*;ent of this Province and Payment of 
the Publick Debts." 

2. ^'An Act for raising, by way of Lottery, the Sura of Four 
Hundred and ninety nine Pounds nineteen shillings, to be applied 
•to the Payment of the Arrears of Debts due for the building and 



390 MINUTES OF THE 

finishing the German Lutheran ChuTch in Earl Township, Lancaster 
County, and towards Erecting and building a Scliool House to 
the said Church." 

Both which were Eead aad Coiasidered, and there appearing to 
the Board no Objectioa to them, they were ordered to l<e returned 
with a Verbal Message to the Asseiablj, tbat the Sovenior agreed 
to pass thera. 

The Board then resumed tbe consideration of the Bill eatituletJ 
*'An Act for establishing Comrts of Judicature, &e"'" aad the fol- 
lowing anaendmeats theitto were agreed on aad ordered to be carriecJ 
to tbe House with the Bill : 

Amendments to the Bill entituled "jJn Act to amevicJ the Act foir 
estahlishinff Courts of Judicature witJdn tliis Pr&mnce." 

" Page 1, Line 2, instead of the word [impracticable] say [in- 
convenient.] 

" Page 3, Line 8, Afte? the wosd [the] insert the words [Gov- 
ernors appointing.] 

'* Same Pa., Line 13. After the word [that] iesert as follows^, 
viz*-: [there shall be five Persons of known Integrity and abilitj 
Commissionated by the Governor of this Province for tbe time 
being, by several distinct Patents oi (Joniraissions, under the Great 
Seal of this Province, to be Judges of the Supreasi ('ourt, one of 
whom shall be distinguished in his Cammission by tbe Name of the 
Chief Justice, and every of tiie said Judges shall have all the 
Powers, Rights, Authorities, Jurisdictions, and priTiledges, as are 
given to the SupreaiQ Judges by the above recited A^i;t of Assembly^, 
and that]. 

" Same Page, penult & last Lines. Dele the woFds [or any two of 
them]. 

" Page 4, Line 5. After the word [they] add [or any two of 
them]." 



18th May, 1767. 
MEMORANDUM. 

The two following Bilils, which were sent up- to the Governor by 
the Assembly on Saturday last, we?e considered, and no objection& 
appearing against them, the Governor returned them bj tbe Secre- 
tary to the House; that be agreed to pass therat into Leuws : 

"An Act to enable tbe Owners and Possessors of League-IslanJ 
to keep the Banks, Dams, & Sluices, in yood Repair for ever, and 
to raise a Fund to defray the Expences thereof." 

"An Act for the Relief of Thomas Cotterell Grove, Frederielc 
Pepler, Samuel Watts, Azariah Vaun, Thomas Mallan, Matthew 
WarburtoH;, James Martin^ and Tbomas Lemon, Lauguishing Pri&- 



PROVINCIAL COUNCIL. 391 

oners IB the Gaol of Philadelphia, with respect to the Imprisonment 
of their Persons." 



At a Council held at Philadelphia, on Wednesday 20th May, 
1767, 

PRESENT : 

Tke HoaourabJe JOHN PENN, Esquire, Lieutenant Governor, 

Richard Peters, Benjamin Chew, ? tti 

Richard Penn, 5 ^^^^^''^s- 

The Governor laid before the Board two Bills, sent up Yesterday 
i)y tiie House of Assembly for his Honour's Concurrence, entituled, 

"An Act to amend the Act entituled *Au Act for establishing 
Courts of Judicature within this Province.'" 

**An Act for confirming the Estate of Philip Fox, in certain 
Lands mortgaged in the General Loan Office, some of the Title 
Deeds whereof there deposited are lost," which were Read and con- 
sidered, & ordered to be iramediateiy returned to the House, with a 
Message that the Governor agreed to Pass them. 



Eodem die, 1 o' Clonk, P. M. 

Two Members of Assembly waited on the Governor and ac- 
quainted him that the House being inclined to adjourn this After- 
noon, Requested to know whea they should attend his Honour for 
passing the several Bills which had received his Assent, and to ap- 
point some members of Council to assist iu comparing the en- 
grossed Bills with their Originals. 

The Governor answered, that he should be ready for passing the 
Bills at G O'clock this Afternoon, and would, in the mean time, ap- 
point A Member of Council with the Secretary to assist in collating 
them. 



Council Chamber — Eodem die, 6 O'Clock. 

The several ingrossed Bills being compared with their Originals 
and found to agree, the Secretary, by t!ie Governor's directions, 
acquainted the House that His Honour was in the Council Cham- 
ber and required their attendance, that he might enact into Laws 
the several Bills which had been agreed mi. 

The whole House attending accordingly, the Speaker presented 
to the Governor the following Bills, which he was pleased to enact 
into Laws, and issued a Warrant for affixing the Great Seal thereto. 
Viz' : 



292 MINUTES OF THE 

1. ''An Act for raising £20,000 for the Support of the Govern- 
ment of this Province, and Payment of the Publick Debts." 

2. "An Act to amend the Act entituled 'An Act lor Establish- 
ing Courts of Judicature in this Province.' " 

3. "An Act for appointing Wardens for the Port of Philadelphia, 
and for the better regulating Pilots plying in the lliver and Bay of 
Delaware, and the price of Pilotage to and from th° said Port." 

4. "An Act for raising, by way of Lottery, the Sum of Four 
hundred and ninety-nine Pounds Nineteen Shillings, to be applied 
to the payment of the arrears of Debts due for the building and 
finishing the German Jjutheran Church in Earl Township, Lan- 
caster County, and towards erecting and building a School House 
to the same Church." 

5. "An Act to enable the Owners and Possessors of League Island 
to keep the Banks, Dams, and Sluices, in good Kepair for ever, and 
to raise a Fund to defray the Expences thereof." 

Q, "An Act for confirming the Kstate of Philip Fox, in certain 
Lands Mortgaged in the general Loan Oifice; some of the Title 
Deeds whereof there deposited are lost." 

7. " An Act to amend the Act entituled ' An Act to prevent the 
Exportation of bad and unmerchantable Staves, Heading, Boards, 
and Timber." 

8. " An Act for the Belief of Thomas Cotterell Grove, Frederick 
Pepler, Samuel Watts, Azariali Vaun, Thomas Mullan, Mathew 
Warburton, James Martin, and Thomas Lemon, Languishing Pri- 
soners in the Gaols of Philadelphia, Chester, and Lancaster, with 
Respect to the Imprisonment of their Persons." 

The Speaker then, in behalf of the House, delivered to the Gov- 
ernor two Certificates, One for Nine Hundred Pounds, and the other 
for Five Hundred Pounds, which had been allowed of by the House, 
as being in full of the Governor's Support to this Time, for which 
his Honour was pleased to relurn them thanks. 

Two Members afterwards waited on the Governor and acquainted 
Iiim that the House proposed to adjourn to Monday the 14th of 
September next, to which his Honour had no objeetioas. 



At a Council beld at Philadelphia, on Monday 14th Sep'' 1767. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

Richard Peters, Lynford Lardner, "^i 

Benjamin Chew, Thomas Cadwallader, V Esquires. 

Richard Peun, J 

The Governor acquainted the Board that, as the time appointed 
by Law for iiolding the Supream Court of this Province was neas- 



PROVINCIAL COUNCIL. 393 

at hand, it now became necessary for him to appoint four Judges of 
that Court, pursuant to the hite Act of Assembly entituled " An 
Act to amend the Act entituled 'An Act for establishing Courts of 
Judicature within this Province,'" and having then named to the 
Board several Gentlemen Avhora he had thought of to Execute those 
Offices, he desired they would consider of the most Proper Persons 
for that Purpose. 

The Board having taken this matter into consideration, The Gov- 
ernor, by their advice, issued four distinct Commissions, eontinueing 
"William Allen, Esquire, Chief Justice, and William Coleman, Es- 
quire, Second Justice of the Supream Court, and appoint Joha 
Lawrence and Thomas Willing, Esquires, the other Justices of the 
said Court; His Honour also issued a general Commission, appoint- 
ing the same Gentlemen Justices of the Court of Oyer and Ter- 
miner and General Gaol Delivery. 

The Board then recommended it to the Governor to appoint 
Charles Jolly and James Young of Philadelphia County, and John 
Kidd of Bucks County, Justices of the Court of Quarter Sessions 
of the Peace and of the County Court of Common Pleas, for their 
respective Counties; and his Honour accordingly signed three spe- 
cial Commissions for that Purpose. 



Tuesday 15th Septem'' 1767. 
MEMORANDUM. 

Two Members of Assembly waited on the Governor, and ac- 
quainted him that the House were met pursuant to adjournment, 
and were ready to receive any Business he might have to lay be- 
fore them, to which his Honour was pleased to answer, that he had 
nothing particular to recommend to them at this time. 



Thursday 24th September, 1767. ' 

The Governor received a Message from the House by two Mem- 
bers, acquainting him they were desirous of breaking up this Week, 
and requesting his Honour would be pleased to let them know his 
Result on the Bills under his Consideration. 



394 MINUTES OF THE 



At a Council held at Philadelphia, on Friday 25th Sep- 
tem'- 1767. 

present: 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

Richard Peters, Richard Penn, > p, 

Benjamin Chew, James Tilghman, ^ 

The Governor laid before the Board four Bills, sent up by the 
Assembly for his Concurrence, which were Read and considered, 
and are entituled as follows, viz'-: 

1st. ''An Act to enable the managers of the Contributions for 
the Relief and employment of the Poor in the City of Philadelphia, 
to borrow a further Sum of Three Thousand Pounds;" which was 
returned to the House with one Amendment. 

2nd. " An Act for Obliging the Sheriffs and Treasurers of the 
several Counties within this Province, and the Collector of the Du- 
ties of Tonnage, to give sufficient Sureties for the faithful Execution 
of their Trusts," which being approved, was returned to the House 
with the Governor's Assent. 

3. " An Act for the support of the Government of this Prov- 
ince and Payment of the Publick Debts." 

4. " An Act for recovering the Monies outstanding on mort- 
gages taken by the late Trustees of the General Loan Office of this 
Province," which two last Bills were referred to a further Consider- 
ation. 

The Governor sent a verbal Message to the House by the Secre- 
tary, desiring them to furnish him with a List of the Certificates 
referred to in the Bill for the Support of the Government of this 
Province and Payment of the Publick Debts. 

Eodem die, P. M. 

Two members of the House brought to the Governor a List of 
the Certificates referred to in the Bill for the support of Government. 

Then the consideration of the Bill for the Support of Govern- 
ment was resumed, and the same being agreed to, was ordered to be 
returned with the Governor's Assent, and the following Message to 
the House, viz'- 

A Message from the Governor to the Jlssemhlij. 

" Gentlemen : 

" I perceive by one of the Certificates sent me to Day in pursu- 
ance of my Message by the Secretary, that Mr. Goddard, without 
my Privity or direction, hath been employed to print the Laws 
passed at the last Sessions. Upon this Occasion, Gentlemen, I cau- 



PROVINCIAL COUNCIL. 3^5 

not avoid observing that the Statutes in England are ever printed 
by the King's Printer, and that as the King's Representative in 
this Province, I have a right to direct the Printing of the Laws, or 
at least, that I am intitled to a Share in the Nomination of the Per- 
son appointed to that Service, and tho' I shall not at this time Ob- 
ject to Mr. Goddard being satisfied for Printing the Law?, jet, I 
think it proper to inform you, that I consent to his allowance with 
a Reservation of the Right of Nominating, or at least of sharing in 
the Nomination of the Person to be employed in that Service on 
any future Occasion. 

"JOHNPENN. 
" September 25th, 17G7." 

The Bill entituled " An Act for recovering Monies outstanding 
on Mortgages," was also reconsidered, and ordered to be returned 
to the House with the following Amendments, Viz'-; 

^^Amendments to the Bill entituled '■'■An Act for recovering the 
Monies outstanding on Mortgages taken by the late Trustees 
of the General Loan Office of this Frovince." 

" Page 5, Lines 11 & 12. Dele the Words [Provincial Treasurer 
and his Successors], and insert [Samuel Preston ]Moore]. 

" Page 6, Lines (3 & 7. Dele the Words [Treasurer and his Suc- 
cessors], and insert [Samuel Preston Moore, and such other Person 
as in case of the Death or Removal of the said Samuel Preston 
Moore, shall be by Act of Assembly appointed to Succeed him iu 
the Trust reposed in him by this Act] 

"Same Pa., Lines 10 & 11. Dele the word [Treasurer] and in- 
sert [Samuel Preston Moore]. 

'' Pa. 7, last line hut one. Dele the Word [Treasurer] and insert 
[Samuel Preston Moore, or such other Person as shall or may be 
appointed to succeed him as aforesaid]. 

"Page 9, Line 8. Dele the Words [Treasurer and his Succes- 
sors], and insert the Words [Samuel Preston Moore, and such other 
Persons as may be appointed to succeed him, in manner aforesaid,] 

"Page 9, last line. Dele the words [Treasurer and his Succes- 
sorsj, and insert the same Words as in the last amendment. 

"Pa. 10, Lines 10 & 11. Dele the Words [Treasurer and his 
Successors], and insert the same Words as in the last amendment. 

" Pa. 12, lines 7 & 8. Dele the Words [Treasurer and his Suc- 
cessors], and instead thereof insert as before. 

" At the End of the Bill insert the following Paragraph, viz'-: . 

" {_^nd be it further enacted by the Authoritij afuresaid, that the 
said Samuel Preston Moore, and the Person who may succeed him 
as aforesaid, shall keep a distinct Account of all such Monies as He 
or they shall receive for Interest due on any of the Bonds or mort- 
gages aforesaid, which Interest money shall remain in his hands. 



396 MINUTES OF THE 

Subject to the application and disposal of the Governor and Aa- 
sembly]." 

The following Message was then drawn up and approved, and the 
Secretary directed to deliver the same to the House, viz'- : 

A Message from the Governor to the Assembli/. 

" Gentlemen : 

"On the loth of August, 1766, I publish'd a Proclamation, 
offering a Reward to any Person or Persons who should apprehend 
any or either of a Sett of Villains who had been concerned in many 
daring Burglaries and Robberies in and near the City of Phila- 
delphia, so that he or they should be convicted thereof, in a due 
Course of Law. I am now to inform you that David Clark hath 
entitled himself to the said Reward, by pursueing and apprehending, 
and prosecuting to Conviction, David Smith, one of the Burglars. 
I therefore request you will make provision for the paying the said 
Reward, and defraying any extraordinary expences he may have 
been put to in bringing the Offender to Justice. 

"JOHN PENN. 

"September 25th, 1767." 



Saturday 26th September, 1767. 

The Secretary carried to the House the two Bills considered Yes- 
terday Afternoon, and the Messages then agreed to. 

Two Members again brought up to the Governor the Bill for re- 
covering Monies outstanding on Mortgages, with an Answer from 
the House, that they agreed to all the Governor's amendments 
except the last, with respect to which they adhered to the Bill. 



Eodem die, P. M. 

The Governor, by the Secretary, returned to the House the Bill 
for recovering Monies outstanding on Mortgages, with a Message 
acquainting them that he adhered to his last proposed amendment, 
and that he would be ready at 5 o' Clock, to pass such Bills as had 
been agreed to. 



PROVINCIAL COUNCIL. . 397' 

Council Chamber, 5 o'Clock, P. M. 

The Governor sent a Message to the House by the Secretary re- 
quiring their attendance in the Council Chamber; that he might 
pass the Bills which had received his Assent, 

The House accordingly attended, and the Speaker presented to 
the Governor the three following Bills, which he was pleased to 
enact into Laws, and issued a Warrant for affixing the Great Seal 
to them, and appointed Mr. Tilghman and the Secretary to accom- 
pany two Members of the House to deposit them in the Rolls 
Office: 

"An Act to enable the managers of the Contributions for the 
Relief and Employment of the Poor in the City of Philadelphiaj 
to borrow a further sum of £ 3,000." 

"An Act for obliging the Sheriffs and Treasurers of the several 
Counties within this Province, and the Collector of the Duties of 
tonnage, to give sutficient Sureties for the faithful Execution of 
their Trusts." 

"An Act for the support of the Government of this Province and 
payment of the Publick Debts." 

The Speaker then presented to the Governor a Certificate for 
£ 500 in full of his Support for the last Year, for which his Honour 
returned his thanks to the House. 



Monday 28th September, 1767. 

MEMORANDUM. 

Mr. Charles Brockden, being rendered, by his Age and Infirmi- 
ties, incapable of executing any longer the Office of Master of the 
Rolls for the Province, the Governor thought it proper to remove 
him, and was pleased to appoint William Parr, Esquire, to the said 
Office, in his Room, by a Commission under the Great Seal of the 
Province. 



At a Council held at Philadelphia, on Monday 5th October, 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gov- 
ernor, &c'- 

Benjamin Chew & James Tilghman, Esquires. 

The Governor laid before the Board the Returns of Sheriffs 
and Coroners for the Counties of Philadelphia, Bucks, Chester, 
LancaBter, Berks, iSortharapton, New Castle, Kent, and Sussex, 



898 MINUTES OF THE 

which being duly considered, the following Persons were appointed 
and comuiissionated as the Sheriffs and Coroners for their respective 

Counties, viz'- : 

Joseph Redman, Sheriff, } pi^ji^^,] ^j^ County. 

Caleb Cash, Coroner, 5 

John Morton Sheriff, ? Chester D"" 

John Trapnall, Coroner, 3 

William Kuckman, Sheriff', I -r> ^^ t\<, 

"William Doyle, Coroner, > 

Jasper Scull, Sheriff, ^ ^^^^^ jy, 

Henry Haller, Coroner, ^ 

James Webb, Jun- Sheriff, U^^^^^^,, jyo 

Mathias Slough, Coroner, ) 

John Jennings, Sheriff, > Northampton D" 

David Barnnger, Coroner, ) '■ 

John Thomson, Sheriff, | New Castle D" 

James Walker, Coroner, j 

James Wells, Sheriff, I Kent D° 

Solomon Wallace, Coroner, \ 

llhoads Shankland, Sheriff, ? Sussex D"' 

William Parker, Coroner, ^ 

The Governor then laid before the Board a Transcript of a Record 
of Conviction, Signed by the Clerk of the Supream Court, by 
which it appears that, at a Court of Oyer and Terminer and gene- 
ral Gaol Delivery, held at Philadelphia, for the County of Philadel- 
phia, on the 23d day September last, before William Allen, William 
Coleman, John Allen, and Thomas Willing, P>squires, Justices of 
the Supream Court, and of the said Court of Oyer and Terminer 
for the Province of Pennsylvania, a certain David Smith was tried 
and convicted of Felony and Burglary, committed in the Dwelling 
House of John Stillwaggon, in the Township ot the Northern 
Liberties, in the County of Philadelphi^i, on the '29th Day of July, 
17G6, and had received Sentence of Death for the same. The 
Board took the said matter into consideration, and the Justices of 
the said Court having reported to the Governor that no fiivourable 
Circumstances appeared in the Tryal of the said David Smith, were 
of opinion that the Sentence of the Court should be executed 
against him, and the Governor, by their advice, signed a Warrant for. 
his Execution, on Saturday, the 17th Instant. 



Tuesday the Gth of October. 

The Returns of the Sheriffs and Coroners for York and Cumber- 
land Counties being now made, the Governor appointed and Com- 



PROVINCIAL COUNCIL. 399 

missionatcd the following Persons as Sheriffs and Coroners for their 
respective Counties, vizt : 

David M^Conauffhty, Sheriff, > ,r , ^ . 

John Adhim, Coroner, ^ ^ ""'^ ^'^""^y- 

John Holmes, Sheriff, ) ^ , , , t^ 

T,„,^„ T 1. (^ ' > Cumberland Do. 

James Jacii, Coroner, 3 



At a Council held in the Council Chamber on Wednesday the 
15th of October, 1767. 

rUESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &ca. 

Benjamin Chew, Richard Penn, ) „ 

James Tilghman. J Esquires. 

Eight Members of Af-sembly waited on the Governor Y'cstcrday, 
and acquainted him that, pursuant to the Charter and Laws of this 
Province, a Quorum of the Representatives had met, and having 
proceeded to chuse their Speaker, desired to know when he would 
be pleased to Receive the House, that he might be presented for 
his Honour's approbation. The Governor having appointed this 
forenoon at 11 o'Clock for that purpose, acquainted the House by 
the Secretary, that he attended his appointment in the Council 
Chamber, and was ready to receive the llouse with their Speaker. 
The whole House then waited on the Governor, and presented 
Joseph Galloway, Esquire, as their Speaker, who after receiving the 
Governor's approbation, claimed the usual Priviledges in the name 
and behalf of the House, viz'' : 

" 1st. That the better to discharge the business of the Publick, 
they may at all seasonable times have free access to the Governor. 

" 2dly. That their Persons may be protected from all Arrests and 
Insults during the time of Priviledge accustomed. 

" odly. That it may please the Governor to take no notice of any 
Report that may be made touching any matter or thing that may 
be moved or debated in the House, untill the same shall have passed 
into Resolves, nor give the least Credit to such Report. 

"4thly. That his own (the Speaker's) unwilling mistakes may 
be excused, and not imputed to the House." 

These being requested as the Rights and Priviledges of the Free- 
men of Pennsylvania, derived and confirmed to them by the Char- 
ter and Laws of the Province, the Governor was pleased to make 
Answer that he thought them inherent in a Representative Body, 
and he should be careful to protect the House therein. 

The Governor, by the advice of the Council, issued a Warrant 
to Respite the Execution of the Sentence of Death against David 
Smith till Saturday, the 24th Instant, on which day the Sheriff is 



400 MINUTES OF THE 

commanded in the said "Warrant to execute the said Sentence with 
full Effect, between the Hours of ten in the Forenoon and Four in 
the Afternoon. 



At New Castle, Wednesday the 21st of October, 1767- 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

Benjamin Chew, Esquire. 

Three Members of Assembly of the Government of the lower 
Counties, waited on the Ooveruor with a Message from the House, 
that they had met yesterday, pursuant to the Charter and Laws of 
the Government, had Chosen their Speaker, and desired to know 
when & where they might present him to his Honour for his Ap- 
probation. The Governor having answer'd (hem that he should be 
ready to receive the House immediately, at his Lodgings, They ac- 
cordingly attended, and presented Mr. John Viuiug as their Speaker, 
who, after being approved by the Governor, claimed, in behalf of 
the House, the usual Priviledges, which were allowed, and then they 
withdrew. 



Eodem Die, P. M. 

A Message was delivered to the Governor by three Members, ac- 
quainting him that the House were duly Qualified, and desired to 
know if his Honour had any business to lay before thsm. The 
Governor answered that he had none. 



At a Council held at New Castle, on Saturday 31st October, 
1767. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
Benjamin Chew, James Tilghraan, ? „ . 

E- 1 1 T» r ijSQUlieS. 

ichard Penn, 3 

The Governor laid before the Board Seven Bills which the As- 
sembly had sent during their sitting, for his Concurrence, entitled 
as follows, viz' : 

1st. ''A Supplement to An Act, entitled 'An Act for stopping 
Pearman's Branch, or Gravelly Run, and for Banking and Drain- 
ing a parcel of Marsh and Cripple, on both sides of said Branch, 



PROVINCIAL COUNCIL. 401 

situate in Dack Creek Imndreil, in the County of Kent, and for 
keeping the Djke, sluices and Drains belonging to the same, ia 
good Order,&; Repair." 

2dly. " A Supplement to an Act for the further and better Limit- 
ation of Servants and Slaves within this Government." 

8d. '* A Supplement to the Act for suppcirting the Banks, &"•• 
belonging to the Marshes i)n Red Lyon (hoek." 

4th '"An Act to prevent Swine running at large in Salisbury 
Township, The Village called the Cross Ruads, and parts adjacent, 
in Ken* County." 

5th. " An Act fn* obliging the SherifiTs within this Government 
to give sulTicient Sureties for the faithful execution of their 
Trusts," 

6th, " A Supplement to the Act entituled * An Act for the Re- 
lief uf the Po(u-." 

7th. " An Act to enable the Owners and Possessors of a certain 
parcel of Meadow, Marsh, and ('ripple, hereinafter described, situ- 
ate in Christiana Hundred, in the County of New Castle, to Em- 
bank and drain the same, to make and keep the outside Banks and 
Drains in good repair forever, and to raise a Fund to defray the 
yearly expeiices thereon." 

The said Bills were duly Read and considered by the Board, and 
returned to the House bj^ the Seuretary, with a few small amend- 
ments made to the four hrst, and a Message that his Ilouout agreed 
to three last mentioned. 



Eodera Die, P. M. 

Three Members again brought up the four amended Bills, and 
acquainted that the Ilouse acceded to all his proposed amendments 
except one, which his Honour afterwards receded from, and then 
returned the four Bills with his Assent. 



Eodem die, P. M. 

A Committee of the Assembly waited on the Governor with a 
Message from the House, requesting to koow when and where he 
would be pleased to receive the House, in order to pass the Bills. 
His Honour having answered that he was ready to receive the 
House immediately at his Ijodgings, they accordingly attended 
there, an i the Speaker presented the Seven Bills agreed on, which 
the Governor enacted into Laws, signed a Warrant for affixing tho 
Great Seal thereto, and directed the Secretary to accompany tw(». 

VOL. IX. — 2'j. 



402 MINUTES OF THE 

members of Assembly to see them Sealed and deposited in llie 
Rolls Office. 

The Speaker then, in behalf of the House, thanked the Gover- 
nor for his care and diligence in attending the Business of the Gov- 
ernment, and delivered him Orders on the Trustees of the Loan 
Office for £200, for which his Honour returned the House his 
thankful Acknowledgements. 



At a Council held at Philadelphia, on Friday 4th Decern'- 
1767. 

TRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

Richard Peters, Benjamin Chew, "j 

Lynford Lardner, Ilichard Penn, I Esquires. 

James Tilghman, J 

The Governor laid before the Board a Copy of a liccord of Con- 
viction of Catharine Kreps, for murder, at a Court of Oyer and 
Terminer and General Gaol Delivery, held at Beading, for the 
County of Berks, on the loth day of November last, before John 
Lawrence and Thomas Willing, Esquires, two of the Justices of 
the Supream Court, and of the said Court of Oyer and Terminer, 
by which Record it appears that the said Catharine Kreps was 
legally tried and convicted of Felony and Murder, committed on 
her own Bastard Male Child on the 18th day of May last, and had 
received Sentence of Death for the same. 

The Board taking this matter into Consideration, and no Circum- 
stances having been reported to the Governor by the Justices of the 
said Supream Court in her favour, were of Opinion that the Sen- 
tence of the said Court should be executed, 'ihe Governor accord- 
ingly Signed a Warrant under the lesser Seal ot the Province, for 
Her Execution on Saturday the 19th of December Instant. 



At a Council held at Philadelphia, on Thursday 10th Decern'- 
1767. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gov- 
nor, &c*- 

Richard Peters, Benjamin Chew, > j^gq^jj-gg. 

James Tilghman, 5 

The Governor laid before the Board a Letter received yesterday 
from His Excellency Major General Gage, dated the 7th of Dccem- 
,ber Instant, which was read, and is as follows. Viz'-: 



PROVINCIAL COUNCIL. 403 

Jl Letter to the Governor from his Excellency Mijor General Gage. 

"New York, Decern'"' Ttli, 1767. 
^'Sir: 

"The Accounts that I have lately received from all Quarters, 
are full of Intelligence of the dissa,tisfiiction of the Indians, and of 
their ill disposition towards us. I am now called upon, by a Letter 
I have received from Sir William Johnson, expressive of his appre- 
hensions of an immediate Rupture with the Indians, unless some 
means are fallen upon to pacify tlicm, to acquaint you, that altlio' 
several Causes for their present ill temper are suggested, 3'et the 
Insults they have received from the frontier People, chiefly from 
those of Virginia, and the obstinacy of the People who persist to 
Settle on their Lands, not only without their Consent, but in con- 
tradictioR to their warmest Remonstrances, and the endeavours that 
have been used to remove them, I perceive to be the most imme- 
diate cause of their present discontent. 

"It behooves me Sir, in this Juncture, to apply to you, and the 
Governors of the Provinces immediately interested in this matter, 
to devise some effectual measures to remove these Lawless Setlers, 
and to obtain some Satisfaction for the ill treatment the Indians 
daily complain of. You are a Witness how little attention has been 
paid to the several Proclamations that have been published, and that 
even the removing these People frot$i the Lands in Question, which 
was attempted this Summer by the Garrison of Fort Pitt, has been 
only a temporary expedient; for as they met with no Punishment, 
we learn they are returned again to the same Encroachments on 
lied Stone Creek and Cheat Kiver, in greater numbers than ever; 
nor indeed could any thing effectual be expected, or due Obediance 
to Proclamations be exacted, if Laws are defective, or the Coercive 
Powers of Government are wanting. It is the rh-ead that naturally 
follows the exemplary punishment of delinquents, that can only re- 
vStrain such a Lawless Banditti. It is not forme to point out where 
the fault lies, but if the laws are insufficient to secure and protect 
the Indians iu their Persons and Properties, a more (effectual provi- 
sion I think should be made for that purpose, and immediately too, 
before it is too late to prevent the Devistations, Cruelties and effu- 
sion of Blood, attendant on an Indian War, which may be experi- 
enced soon, unless active Measures are adopted for the Redress of 
the Grievances the Indians complain of. 1 can only offer the assis- 
tance of his Majesty's Troops to co-operate with you, for the effect- 
ing these desirable purposes, for the execution of which, a sufficient 
number of Troops shall be collected and ready to Act, whenever 
you shall be pleased to acquaint nie that Civil Officers, properly 
authorized, will call upon them, to aid and assist the Civil power in 
the removing forcibly, and bringing to Punishment, these disturbers 
of the Publick Tranquility. 

" The Encroachments made upon the Indian's Lands, for which 
they could obtain do Justioe, with the daily threats of more Inva- 



404 MINUTES OF THE 

sioDS of their property, lost us the Affections of the Savages before>. 
and was the principal Reason of their throwing themselves into the 
Arms of the French for protection. From hence arose the Hostili- 
ties they commenced upon us in 1754 and 1755, and the War that 
followed. The same Causes will have the sjijiie Effects : Wherefore, 
it is incumbent upon me to lay these Matters before you in the mosS 
serious manner, thinking that every means should be exerted and 
all endeavours used, which can tend to avert the Cahimaties which 
threaten the Country, and to save the Lives that must be lost in a 
Savage War, in which neither Age nor Sex will find compassion or 
meet with mercy. 

"I have the Honour to be with great Regard, Sir, 

"Your most Obedient humble Servant, 

" THOMAS OAGE." 

The Council were of Opinion that the matters contained* in the 
preceding Letter ought speedily to be taken into the most serious 
consideration, and the Secretary was directed to collect such Letters 
and Papers as the Governor had received from the Secretary of 
State, (ieneral Gage, and the Governor of Virginia, relative to the 
Removal of the Settlers on the Monongahela and other Jjands iiot 
yet purchas'd of the Indians, together wifh such Answers as had 
been given to the same, that they may be ready to be laid befor^r 
the Council for their Perusal at their next Meetins. 



At a Council held at Philadelphia, on Saturday 12th Decern'"' 
1767. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor^ 

Richard Peters, Benjamin Chew, ? -p, 

T rp-1 u i- Esquires 

James iiighman, 5 

The several Letters and Answers, with the other Papers relative 
to the removal of the People, settled on the Indians' Jjands, which 
the Secretary was directed at the last Meeting of Council to collect^ 
were laid before the Council and read in their Order. The Board 
then took Major General Gage's Ijetter of the 7th instant into fur- 
ther consideration, and advised the Governor to lay the siid Letter 
before the Assembl}-, and strongly to recommend it to them to con- 
cur with him in making use of every expedient for the immediate 
Removal of the People who have made Encroachments on the In- 
dians' Lands, and to enable him the more effectually to Exert the 
Powers of Government, by framing such a Law as will be suf- 
ficient to compel those Intruders to pay due submission to the Civil 
authority. 



PROVINCIAL COUNCIL. 405 

Foe tliis special Purpose the Board thought it would have been 
advisable for the Governor to convene the Assembly immediately. 
but on considering that the day ou which the Assembly were to 
ineet by their own adjournment, was so early as the 4th of next 
Month, they were ef Opiniou it would be impracticable, by issuing 
Writs, to convene them before that time. 



15tk December, 17G7, 
MEMORANDUM. 

The (jrovcrnor wrote the following Letter to his Excellency 
Major General Gage, in Aaswt;r to his Letter of the 7th Instant, 
Viz' : 

A Letter from the Governor to his ExcAry. Mfjor Gen I. Gage. 

"Philadelphia, Decern' 15th, 1767. 

*' Sir : 

*' It gives nie very great concern to find, by Your Excellency's 
Letter of the 7th Instant, that the late intelligence you have Re- 
ceived concerning the ill dispositions of the Indians, and their dis- 
satisfaction on account of the encroachments made on their Land, 
afford 60 much Reason to apprehend an approaching Rupture with 
thensa. It is a matter truly alarming, and requires the utmost 
atteution and consideration of the Legislatures of these Middle Col- 
onies, to devise the most prudent and vigorous Measures for pre- 
venting the Calamities which so apparently threaten us. On this 
occasion I immediately called my (Council, to consult with them on 
the first Step most proper to be taken on my part, and their advice 
to me is, to lay the Matters before my Assembly at their ensuing 
Meeting, the 4th of next Month, and recommend it to them in the 
Strongest Manner, to concur with me in the most certain Kxpodient 
lor the Removal of all the People settled ou the Indians' Lands 
within this Province, which has hitherto been attempted in vain by 
Proclamations, or even the threats of military Execution, and also 
in order to enable me effectually to exert the Powers of Government 
to frame such a Law as will be fully sufficient to compel those In- 
truders to pay due Submission to the Civil Authority. 

"I should have expressly convened the Assembly at this junc- 
ture, if it had been practicable for them to have come tegether oa 
an earlier day than that to which they stand Adjourned. 

*• With respect to the Insufficiency of the Laws to sccgtc the In- 
<lians in their Persons and Properties, I would beg leave to obseni'e 
that the remote Situation of t'aeir Country, and the dispersed and 
Vagrant .manner ia which the People live, will generally render 
tJic best Laws that eaa be framed for those Ends, in a great mea- 



406 MINUTES OF THE 

i 
sure ineflFi'Ctual. The Civil Officers, whose Business i^ is to see that 
they are duly enforced, cannot exert their Authority in so distant 
and extensive a Wilderness. In the Execution, therefore, of the 
present interesting; Matter, lam persuaded that notwithstanding alt 
the Legislature can do, I shall find it necessary to apply to the Mili- 
tary Aid, which you have so readily offered me, in iSupport of the 
Civil Power. Yet, I fear that while the Severity of the Weather 
in the Winter vSeason continues, it will be found extremely difficulty 
if not impracticable, to oblige those Lawless People to abandon 
their present Habitations, and to remove with their Families and 
Effects into the interior parts of the Country; and I am of Opinion 
it would be unadvisable to make any attempts of that kind before 
the Spring. 

"I shall, however, earnestly apply myself, with the Concurrence 
of the Assembly, in concerting the most expeditious Means to effec- 
tuate this Business as early as Possible. 

"I have the Honour to be, with great Respect, 

" Your Excellency's most Obedient Humble Servant, 

''JOHN PEiNN. 

" To his Excellency Major General Gage." 



Monday the 4th January, 1768. 

A Committee of the Assembly waited on the Governor and ac-- 
quainted him that a Quorum was met pursuant to adjournment, and^ 
requested to know if his Honour had any Business to lay before 
them, to which His Honour answered, that he had a Matter of Im- 
portance to lay before them, which he should do very soon by a 
Me&sasje. 



At a Council hold at Philadelphia, on Tuesday 5th Jau--' 1768. 

present: 
The Houourable JOHN PENN, Esquire, Lieutenant Governorj 
&c- 



Ilichard Peters, } ^ 

T 'r<'i I r Esquires. 

James 1 ilgiiman, 3 



A Draft of a Message to the Assembly being prepared agreeable 
to the advice of the Council on the 12th of last Month, coucerning; 
the Encroachments- on the Indian Lands, and laid before the Board, 
was read and approved, and the same warh ordered to be fairly Tran- 
scribed, and carried to the House in the Afternoon, with General 
Gage's Letter of the 7th of Deoember last. The Message follows 
in these Words, Viz'-: 



PKOVINCIAL COUNCIL. 407 

A Message from the Governor to the Assemhly. 

■"' Gentlemon : 

"You will perceive by <a Letter from bis Excellency General 
Gape, herewitb laid before you, that, from accounts received ffom 
all Quarters (particularly from Sir William Jwhnson), of the dissat- 
isfaction of the Indians, and their ill disposition towards us, there 
is great reason to apprehend an immediate Uupture with them, 
unless some effectual Means are fallen upon to Pacify them ; and 
that the Insults and Injuries they have received from the Frontier 
Inhabitants, chiefly of Virginia, and the perverse and obstinate dis- 
position of a Number of People, who, contrary to his Majesty's Pro- 
clamation, and the Principles of Justice, have settled, and are daily 
Settling upon their unpurchased Lands, are the principal Causes of 
their complaints. And I must inform you that those Settlements 
upon the Indian Lands to the Westward of the Alleghany Moun- 
tains, now appear, by the Line lately Run between Pennsylvania 
and Maryland, to be within the Bounds of this Province. 

" As nothing can be of more Importance to this Province than 
preventing the Calamitous effects of an Indian War, of which 
we have had the most melancholy Esperience ; And the Principles 
both of Justice and Policy call for a speedy lledress of the Griev- 
ances complained of by the Indians, I would willingly take every 
Measure in my Power not only to remove the just Causes of 
their complaints of past injuries, but to protect their Persons and 
Properties for the future ; But as the Laws of the Province are in- 
sufficient for the Purpose, and the Steps hitherto taken, both by 
Proclamation issued in pursuance of the King's (Commands, and by 
the threats of exerting a Military Force, have proved ineffectual, I 
most earnestly recommend to you the framing of a Law not only to 
remedy the present Evil, but to furnish future Delinquencies of the 
same kind, and that a suitable Provision be made for defraying any 
Expence which may attend the necessaiy Exertion of the Powers 
of Government, in the removal of those Rash and Lawless lutru- 
"ders. 

"JOHN PENN. 
^- January 5th, 17G8." 



January the 6th, 17GS. 

Two Members of the Assembly waited on the Governor with the 
following Verbal Message, viz'- : 

A Message to the Governor from ihf. Jl^scmhli/. 

" The House commands us to inform the Governor that they 
have now before them his iMessage relating to Indian Affairs, with 



408 MINUTES OF THE 

the General's Letter therein referred to, and ns tlxey are desirous in 
a matter of so interesting a Nature to the Colonies in General and 
this Pmvince in particuhir, to receive every intelligence necessary 
to enable them to Unite with the Governor in removing the Mis- 
chiefs complained of, they request to know whether the Governor 
has any Letters or Papers from Sir William Johnston, or expects any 
on the Subject, or whether the Deputies of the Six Nations in any 
late Conferences with the Governor have disclos'd to him any of 
the Causes of the Dissatisfaction of the Indians, and th.it he would 
be pleased to communicate to the House such Letters, Papers, Con- 
ferences, and other Intelligence, as he may have received on the 
Subject of his Message, and the General's Letter. 



January 6th, 1768. 

To which the Governor made Answer that he had not received 
any Letters from Sir William Johnson, concerning the present Dis- 
satisfaction of the Indiana, nor any late Intelligence on that Sub- 
jxict, than what is contaiu'd in the General's Letter, which he laid 
before the House. 



January 13th, 1768. 

A Committee of Assembly waited on the Governor, and presented 
bim a Message from the House, in the following words, viz'- : 

A Message to the Governor from the AsscmUy. 

*' May it please Your Honour : 

" The Subject of your Message of the fifth Instant, and the I^et- 
ter from His P]xcellency Gener.d Gage, therein referred to, was of 
80 Serious a Nature that we thought it our Duty to take it imme- 
diately under the most deliberate Consideration, 'i'he Dissatis- 
faction and ill Disposition of the Indians towards us with his Ex- 
cellency's and Sir \Villiam Johnson's apprehensions of an imme- 
diate Kupture with them are truly alarming, and certainly demand 
the utmost attention of every Colony that is in any manner ex- 
posed to their violence or Connected with them. 

*' We find from his Excellency's Letter, and our own Enquiry, 
that the ('auses of the present ill Temper of the Indians are the 
audacious Encroachments made by a Number of People M'ho have 
settled on their Lands, on lied Stone Creek and Cheat Kiver, within 
the Bounds of this Province, and the Murders committed on a num- 
ber of Seneca and other Indians, by Persons who have hitherto bid 



PHOVINCIAL COUNCIL. 409 

Defiance to the Laws and Eluded the hands of Justice. These Of- 
fences, so injurious to the Kighis of the Natives and the security 
of their Persons, in Viohition of the solemn Treaties nC Peace and 
Friendship established with them, and in Contempt of His Majes- 
ty's Proclamation and the Laws of the Colony where comniil.ted. carf- 
nnt. fail to create in their Minds the most dant^frous Jt'alousies of 
our publick Faith and Litegrity, and are probably motives to their 
design of forming a powerful Confederacy in the Spring. The 
Settlement of their Lands without their Cor>^ent, we fear, has ren- 
dered them suspicious that we intend to make them our own with- 
out paying any consideration for them. And the repeated Murders 
pi'rpetrated on their people by the Frontier Lihabitants of several 
of the colonies must fill the Minds of Persons whose Ruling Pas- 
sion is Revenge, and who never forget injuries without an Attone- 
ment made for them, with Ilesentment against the Governments 
under which such heinous offences are committed with Lnpunity. 

" And as in all Probability those People will not distinguish be- 
tween the Publick Acts of Government and the wicked Conduct of 
Lawless Men, they must in the End bring on a Savage War, at- 
tended with an immense Espence to Great Britain and hi r Colonies, 
in which the Linoceut will be involved with the Guilty, and neither 
Age or Sex find Compassiun or Mercy. Under this Wow of the mat- 
ters recommended by your Honour to the Ilouse,*we are of opinion 
that the removal of every Cause of thi present discontent of the 
Indians, and a Redress of every Grievance they can justly complain 
of, are objects of the highest Importance to the Peace and Safety 
of the Province. 

" la order to remove those lawless Intruders on the Indian 
Lands, und to prevent any future Settlements thereon, WG ar(* pre- 
paring a Bill which we hope will be effectual. The Provisions in 
this Bill, we expect, will answer the good Purposes intended ; for 
those unhappy Men, should they obstinately persist in their Offence, 
must beco\ne Liable to the heavy Penalties of the Law, and we 
presume will, on cool Consideration of their danger, and the mis- 
chievous Tendency of their Conduct, prudently desert their Settle- 
ments, and thereby Redress that part of the Indian C uiplaints. 
But should we be dhsappoiutcd in this Expectation, we beg leave 
earnestly to recommend it to your Honour, to exert your utmost 
endeavours to secure the Tranquility of the Province, and avert 
the present prospect of an Indian Rupture. 

" But may it please your Honour, should tlie Effects of this 
Law answer our Expectation of removing those Lawless People 
from the Indian Lands, we fear that tlicre will still remain a prin- 
cipal Cause of their Dissatisfaction. We have received information 
that a Number of Senecas has been lately killed on the J''rontiers of 
this and the neighbouring Provinces, and we can never forget those 
flagrant Breaches of the Laws of Hospitality, and the horrid Acts 
of Barbarity committed in the Year 1763, on the Remains of a 



410 MINUTES OF THE 

Tribe of the same Indians and others, at Conestogo and Lancaster, 
wliich niust also be remembered by your Honour. If murders will 
admit of Aggravation, the Circumstances attending the last men- 
tioned of those impious Transactions, would greatly enhance the 
Guilt of the Offenders The Forefathers of those innocent Victimsi, 
were received into an Alliance of Friendship by our first honourable 
Proprietary. Their Posterity were settled by the Government on a 
Tract of Land at Conestogo, and remained there Peaceably until 
part of them weie inhumanly massacred. 

" The rest, reposing the firmest Confidence in the Faith of the 
Government, were t:iken in their distress under its more immediate 
Protection in the Work-house at Lancaster, where Men, Women, 
and helpless Infants, alike became a Sacrifice to the Frantic Rage 
and relentless Cruelty of a sett of Men equally regardless of the 
Dictates of Humanity, Religion, and the Laws of their Country. 

" These Murders we find have reached the Ears of the Indians, 
and they have complained of them among others. They are un- 
doubtedly one of the Causes of their present discontent, and will, 
we fear, be made use of to excite the Resentment of the Natives 
against this Province in a particular Planner, should a Rupture with 
them unhappily take place. Nor will this appear by any means 
improbable, when it is considered that the like Offences, in the 
King's Neighbouring Government of New Jersey, have been 
brought to condign Punishment, and thereby a satisfactory 
Attonement made to the Indians for the Loss of their Brethren. 
Whether, therefore, we consider Ourselves on this Occasion as 
Persons concerned for the future Safety of the Lives of the People 
we represent, iind a due Execution of the Laws upon which the 
Honour and Pignity of the Government depend, or for the Removal 
of every Cause which may increase the Danger of an Indinn War, 
we are pressed by the Strongest IMotives to take this opportunity of 
earnestly intreatiug your Honour that diligent and Speedy Inquisi- 
tion be made after those attrocious offenders who have stained the 
Land with innocent Blood and bid defiance to the Laws of their 
Country, to effect which, no Assistance in our Power shall be want- 
ing that the importance of the Occasion requires. 

"Notwithstandin2; the tumultuous State of the Province mijrht 
oppose the Exertion of the Powers of Government necesstiry to 
bring those Criminals to Justice at the time of committing the 
Offence, yet we apprehend that obstruction has been long since re- 
moved, and that the past as well as present Tranquility of the Pro- 
vince, with the Horror and Detestation with which all Honest and 
good Men look back on those Transactions, have afforded, and do 
yet afford, a favorable Opportunity of restoring the Government to 
its former Power and Dignity, lattdy so insolently trampled on, and 
of convincing those Offenders, that aUho' Justice may sometimes 
Sleep, it can never Die ; besides, it is the dread of exemplary Pun- 
ishment, Steadily and uniformly inflicted on past Delinquents, that 



PROVINCIAL COUNCIL. 411 

alone can deter the Wickrd from the Perpetration of future Offences. 
And should Crimes of the first Rank, of the deepest Dye, remain 
unpunished. Wicked men will never be wanting in any Country to 
take Advantage of the Times and the Debility of Government; to- 
commit the like, or other Crimes. 

" We heartily concur in Opinion with your Honour, that ' No- 
thing can be of mine Importance to this Province, than preventing 
the calamitous eflects of an Indian War,' and that 'the Principles, 
both of Justice and Policy, call for a Speedy Redress of the Griev- 
ances conipUiined of by the Indians.' And we assure the Governor 
that the House is much by his Declaration, that he 'would 

willingly take every Measure in his Power, not only to remove the 
Just (Jauses of their Complaints of past injuries, but to protect 
their Persons and Properties for the future.' 

" From such a disposition put in practice, we have Reason to 
expect that all the Causes of Indian Complaints against the Gov- 
ernment may be removed, and their Minds impressed with proper 
Ideas of its Justice, and our friendly disposition towards them, 
which alone can form the solid Foundation of a lasting Peace f -And 
we hope Your Honour will not meet with much difficulty in this 
important service to the Province, for when we consider the Manner 
of committing the Murders at! Lancaster ; that it was done at Noon- 
Day, in the midst of a Populous Borough, and in the Presence of 
many spectators by Men probably of the same County, undisguised 
and well known, we apprehend' their Names may be easily discov- 
ered, and their Persons brought to that Punishment their heinous 
Offences deserve. 

"On this important Subject, permit us also to remark, that we 
are further assured, frcmi good Information, that a general Boun- 
dary between the Natives and these Colonies has been some time 
pa?t Negotiated with them by Sir William Johnston, in Obedience 
to his Majesty's Orders; that the Boundary agreed^ on will Vje far 
distant from our frontier Settlements, aud a large Tract of Country 
within it wiil thereby be ceded to his Majesty, for a valuable Con- 
sideration ; that as some Time has Elapsed since the Agreement 
was made with the Indians, and in the meantime the people on the 
Frontics have been encroaching on their Lands, while this Boundary 
remains unconfirmed, aud the Indians unsatisfied for their Country, 
they are become very uneasy on this Account, also,, and Jealous 
that there is no design to ratify and confirm it; tO' obviate which 
Cause of their Discontent, and effectually to establish between 
them and His Majesty's Subjects a durable Peace, we are of opin- 
ion that a speedy Confirmation of this Boundary, and a just Satis- 
faction made to them for their Lands on this side of it, is absolutely 
necessary. 

" By this moans all their present Complaints of Encroachments 
will be removed, the People on our Frontiers will hive a sufficient 
Country to settle or Hunt in, without interfering with them, and' 



412 MINUTES OF TflE 

the Xortbern Indians in their War Expeditions against the South- 
<irn, will not be liable to the Insults which have been heretofore 
offered to their Persons; For these Reasons we earnestly request 
jour Honoi^r would communictte these our Sentiments to his Ex- 
cellency General Gage, and Sir William Johnson, and use your ut- 
most endeavours to prevail on theui to fitiish, if in their Power, 
•with all convenieEft Dispatch, a measure so essential to the removal 
■of the present discontent of the Natives, and future Tranquility of 
these Colonies. 

'* Signed by Order of the llonse. 

"JOSEPH GALLOWAY, Speaker. 

*' January 13th, 17G8." 



January. 

Two Members of Assembly presented to the Governor for his 
■Concurrence, a Bill entituled " An Act to remove Persons now Set- 
tied, and to prevent others from Settling, on any Lands in this Pro- 
vince not purchased 'Oif the Indians." 



At a Council held £t Philadelphia, on Tuesday 19th January, 
1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
Ac'- 

James Hamilton, Benjamin Chew, 1 

Kichard Peters, Lynford Lardner, [■ Esquires. 

James Tilghman, J 

The Governor laid ''before the Board a Letter he lately received 
from Sir William Jdhnson, dated the 2d Instant, which was read, 
''&is as follows, Viz'-.: 

A Letter to the 'Goverfior from Sr. William Johnson. 

JoiiNSOiV Hall, January 2d, 17G8, 
"Sir: 

" By last Post I had the favour of your Letter of the 15th Ult., 
Chiefly regarding the alancing State of Indian affairs, occasioned 
'by the intrusions and other Hostile Acts of Persons on the Fron- 
•tiers, which has had such air. effect upon the Minds of the Indians, 
as gives me the Strongest lieason to apprehend a gHueral ""Rupture, 
'unless there is something done for their Relief. Your intentions, 
therefore, to eadeavour to pro'.;ure some Salutary Law for that pur- 



PROVINCIAL COUNCIL. 413 

pose, give me much Satisfaction, as all other Methods have, it 
ficeiiig, liitlierto proved ineffoctual, wliich has rendered all my Assu- 
rancL'S to the Indians of little vs'cight, and greatl}' weakened any 
confidence they reposed on the British Faith, hy giving them Sus- 
picions that we hud neither Authority to procure, or inclination to 
afford them Relief. I, therefore, heartil}' wish that the Legisla- 
ture of your Province may, from a ju.st Sense of the importance of 
tiie Affair, take such meiisures as will at once convince the Indians 
of our Justice, and pacific Sentiments for them ; and you may be 
assured, Sir, of my doing every thing, in the Interim, for convin- 
cing them of your good intentions, and for reconciling them to the 
necessary delay you mention, 

" There are doubtless amongst the scatter'd Tribes living in the 
back parts of that Country, several Idle Indians, who nuiy, from 
Motives of private Interest, be persutided to give some encourage- 
jueut to the Settlers; but these are private acts of Persons who 
would presume to avow them to the Confederacy, whose sole Right 
it is. and whose Resentment may have a most fatal Tendency, if to 
their natural Jealousy of us, is joined their Suspicion that we suf- 
fer or countenance such settlements, with a design to Hemm them 
in and deprive them of their Liberties ; An opinion into which they 
are very easily led, and until it is thoroughly removed, our Frontiers 
and Trade must, at the best, be on a very precarious footing. 

" The Boundary Line would no doubt have been of great Service 
at this time, but I have heard nothing farther on that head from his 
Majesty's Ministers. If our People would confine themselves 
within the limits of such a Line, I know that, for a good Considera- 
tion to the Indians, I could obtain a valuable Cession of Territory, 
and the Indians have been told that it is intended. 

" I am sorry to find that the Indians who attended the Surveyors 
in running the Division Line, would not consent to proceed farther 
than you mention. Their stopping where they did, 1, in some mea- 
sure, attribute to their apprehensions of farther Insults in Travel- 
ling to and from the Cherokee Country, of which they have often 
complained, as well as to the present uneasiness Subsisting among 
them, for the Causes aforementioned, &c'" I hope that a more fa- 
vourable time may be found for eompleating the whole, to which 
the good usage they received from the Commissioners will greatly 
contribute. 

" Mr. Crawford informs me that he found the Travelling at this 

o 

Season so very expensive, as obliged him to lay out the 40 Dollars 
ordered for the widow of Jacob, which, I was sorry td" hear, because 
puch expressions of kindness would give them a favourable impres- 
sion, and facilitate that or any other business hereafter. I there- 
f(tre thinlfitvery necessary at this time to advance that Sum as in- 
tended, which I shall take the Liberty to add to another small Ac- 
compt against the Province, which, (altho' of a long standing,) I 
make no doubt you will order the payment of; I am, with the 



414 MINUTES OF THE 

greatest Truth & Respect, Sir, your most Obedient and very Hum- 
ble Servant. 

"W. JOHNSON." 

The Assembly's Message of the loth instant, with a Draft of an 
Answer thereto, and the Bill for removing the Settlers on the In- 
dian lands with a proposed amendment, were laid before the 
Board, but referred to a future consideration, on Account of a Mel- 
ancholy piece of intelligence just brought to Town, of the murder of 
Several Indians on the Susquehanna, which required the immediate 
attention of the Board. 

" Mr. William Blyth of Penn's Township, in Cumberland County, 
being just arrived in Town, in Order to give information to His 
Honour the Governor, of the jNIurder of Ten Indians, lately com- 
mitted by Frederick Stump at Middle Crock, in that County, ap- 
peared at the Board, and being examined on Oath, related what is 
contained in the following Deposition taken in Council, before the 
Chief Justice, who was expressly desired to attend for that Purpose, 
viz'' : 

" The Deposition of William Blyth of Penn's Township, in the 
Cotmty of Cumberland, Farmer, being sworn on the Holy Evange- 
lists of Almighty God, saith : 

" That hearing of the Murder of some Indians, by one Frederick 
Stump, a German, he went to the House of George Gabriel, where he 
understood Stump was, to enquire into the Truth of the matter ; that 
he there met with Stump and several others, on the 12th of the present 
Mouth, January, and was there informed by the said Stump Him- 
self, that on the Sunday Evening before, being the 10th day of the 
Mouth, Six Indians, to Wit: the White Miugo, an Indian man 
named Cornelius, one other Man named John Campbell, one other 
Man named Jones, and two Women, came to his (Stump's) House, 
and being in Drink and Disorderly, he endeavoured to persuade 
them to leave his House, which they were not inclined to do, and 
he being apprehensive that they intended to do him some Mischief, 
killed them all, and afterwards, in order to conceal them, dragged 
them down to a Creek near his House, made a hole in the Ice, and. 
threw them in ; And that the said Frederick Stump further informed 
this Deponent that, fearing news of his killing the Indians might 
be carried to the other Indians, he went the next Day to two 
Cabbins about fourteen miles from thence, up Middle Creek, where 
he found One \Voman, two Girls and one Child, which he killed, 
in order to prevent their carrying intelligence of the Death of the 
other Indians, killed as aforesaid, and afterwards put them into the 
Cabbins and burnt them; That this Deponent afterwards ^ent four 
Men up the Creek, to where the Cabbins were, to know the Truth 
of the matter, who, upon their Return, informed him that they had 



PROVINCIAL COUNCIL. 415 

found the Cabbins burnt, and discovered some remains of the Limbs 
of some Indians who had been burnt in them, rind further saith not. 

" WILLIAM BLYTH. 
" Sworn at Philadelphia, the 19th day of January, 1768, before 
me, 

"WILL^'- ALLEN. 

The Council thereupon immediately took this most important 
matter into their serious consideration, and wei"e of opiuiou that 
Warrants should bo iiumediately issued by the (Jhief Justice, 
directed to the Sheriffs, under Sheriffs, and other Officers of the 
Province, and particularly to those of the Counties of Cum- 
berland, Lancaster, and Berks, for the apprehending of the above- 
mentioned Frederick Stump, and Winging him before one of His 
Majesty's Justices of Oyer and Terminer, to bo dealt with accord- 
ing to Law, The Board also advised the Governor to issue a I'ro- 
ckmation, offering a Keward of Two hundred Pounds for appre- 
hending tlie said Offender, and bringing him to Justice, but to 
delay the Publication of the same for a short time, till other more 
secret means should be used for taking him, lest News of such a 
Proclamation should reach his ears, and he might be thereby so 
alarmed as to abscond, or make his Lscape, before any Sheriff could 
arrive at Penn's Creek, where it is believed he continues to remain 
with his family. They therefore advised the Governor to write im- 
mediately to the Magistrates of Cumberland County, strictly re- 
quiring them to exert themselves on this Occasion, by giving their 
best assistance to the Sheriff and other Officers, and taking all other 
jMeasures in their Power for apprehending and securing the sa,id 
Frederick Stump, and also to dispatch Letters of the same kind to 
the 31agistrates of Ijancastcr and Berks Counties, instructing them 
to send their Sheriffs, v/ith sufhoient aid, to the utmost Limits of 
those Counties on the Susquehanna, so as to be nearly opposite to 
iVliddle Creek, that they may be in readiness to- apprehend the said 
Stump, in case he should cross the Hiver, and retire to either of 
those Counties. 

The Board further advised the Governor to write to General 
Gage and Sir William Johnson, acquainting them with this unhappy 
accident, and the Steps he is taking on this occasion, and to request 
Sir William will be pleased to communicate the same as soon as 
possible, to the Six Nations, in the best and most favourable man- 
ner in his Power, so as to prevent their taking immediate llesent- 
inent for this unavoidable Injury committed on their People, aud 
to assure them of the firm and sincere purposes of this Government 
to give them full satisfaction at all times for all wrongs done 
to the Indians, and to preserve the Faith and Friendship sub- 
sisting between us and them inviolable. Accordingly, the Chief 
Justices Warrants and the several Letters to the Magistrates of 



41 G MINUTES OF THE 

Cumberlani], Lancaster, <an(I Berks Counties, were prepared, without 
delay, and despatched by Express, aad are as follow, viz' : 

"Pfnns^7vnnut, s.s-.* 

"WiiEKEAS, Proof liatli been made before mo, William Allen, 
Esquire, (Jliief Justice of the Province of l*cnnsylvania, that a cer- 
tain Fred( rick Stump, of Penn's Township, in Cumberland County, 
bath most Maliciously and barbarously killed and Murdered four 
Indian Men, three Indian Women, and three Indian Children, being 
in the Peace of God, and of our Lord the King. These arc, there- 
fore, iu His Miijesty's Name, to Will and re(juire You and every of 
You, forthwith to niMkediligentsearch for the said Frederick 8tump, 
and him, the said Frederick Stump, to apprehend, and take and 
bring him before me, or any othel* of his IMajesty's Justices of Oyer 
and Terminer for the Province of I'ennsylvania, to answer for the 
said Murders, and to be dealt with according to Law; Aii<7 I do 
hereby require all his Majesty's liege Subject.-, Inhabitants of this 
Province, to be aiding and assisting, to the utmost of their Power, 
towards the apprehending the said Frederick Stump. 

'■'In H'/Vn.'.s.s whereof I have hereunto Set the Seal of the Su- 
pream Court of the Province of Pennsylvania, this Nineteenth day 
of January, Anno Domini, 1708. 

"WILL"' ALLEN. 
" '^0 the High Sheriff, under Sheriff, Constables, Bailiffs, and all 

other Officers of the said Province of Pennsylvania, & particularly 

to tho.se of the Several Counties of Cumberland, Lancaster, York, 

and Berks." 



A Lcttir fram^ the Govervnr fo the Muf/is'ratffS of the Countij of 
Ciimhcrlaial . 

" PliiLADELPiiiA, 19th January, 1768. 
" Gentlemen : 

"Having received certain Information, that on Sunday the 10th 
instant, Frederick Stump, a German, of Penns Township, in Cum- 
berland County, did, without Provocation, murder in the most cruel 
and inhuman manner, in his own House near the mouth of Middle 
Creek, four Indian Men and two Indian Women, and that the next 
Day he proceeded fourteen miles up that Creek, and there put to 
Death and burnt iu their Cabbins an Indian Woman, two Girls and 
a Child. I do hereby Strictly charge and require you immediately 
to exert yourselves in the most active^uanner, on this occasion, by 
giving your Assistance to the Sheriff and other Officers of Justice, 
iu executing tlio Chief Justice's Warrant, and taking all other meas- 
ures in your Power, for the immediate apprehending the said Fred- 
crick Slump, and that you also give your best Assistance to the 



PROVINCIAL COUNCIL. 417 

Sheriff in sending hiia, under s«ch a Ouard as may secure him from 
all po.ssil)ility of escape or Resc«.e, down to thi-s City, agreeable to 
the Chief Justice's Warrant, forwa-rded for tfeat purpose by this op- 
portunity, to be examined by one of the Justices of Oyer and Ter- 
miner, itiid to be dealt with by th'em accordi^ig to Law. 

"Thii ShtTiffand Power of your Count^^, should ho dispatched 
without the least delay, to Ceorge Gabriel's House, on Pcnn's 
Creek, whefe I am i?iforraed Stump is gone, aud to s'Jick other Places 
where it is tKost likely he may be fouud. You are also to give di- 
rectioQs for the apprehending of his Servant Lad, (whose name I do 
not yet know) about 18 years of Age, who was with kirn at the 
Murder of the Wometi acd Ckildre?3, and is perhaps the most ma- 
'feerial Evidence that can fee got against him. You are likewise to 
direct the Coroner of your Coumty to proceed thither sod to tlie 
Cabins beforeisentieced, and to hold En*|uests on the Bodies of all 
the said Isdians that can he found, and cause them to be buried in 
a very tlecent Matiaer. 

*'l an: perswaded Grent^em'en, that the Love of Justice, a sense 
of Duty, and a regard for the Public Safety, will be sufficient 
induceuieats with you to exert yourselves in such a manner as to 
leave no measuress untried which may be likely to apprehend and 
bring to punishment the Perpetrator of so horrid a Crime, which, 
in its coRsequeffices, will certainly involve «s again in all the Ca- 
lamities of an Indian War, and be attended with the Effusion of 
much iRKOcent Blood, unless, by a proper Exertiou of the Powers 
of Government, and a d^e Execution of the Laws, we can satisfy 
our Indian Allies that the Government docs not countenance those 
who wantonly Spill their Blood, and coavioce them that we think, 
ourselves bound by the Solemn Treaties u?ade with them. I have 
this matter so much at heart, that I have determined to give a Re- 
ward of Two Hundred Pounds to any Person or Persons who shall 
apprehend the said Frederick Sturap, and bring him to Justice, and 
should have sent up Proclaiuatioas for the Purpose by this oppor- 
tunity, if I was not apprehensive that the setting up aud making 
publick such Proclamations «aght be a means of terrifyiEg him, 
and put him on making his Escape, or absconding, before the Offi- 
cers of Justice could take him. I mentton this, therefore, to you, 
in Confidence, aud that you, by discreetly comiaunicating it to such 
as you think proper, may the more easily prevail with them wil- 
lingly to engage in the undertaking, and you may Assure them 
that they shall have the Reward, though he should be apprehended 
before the Proclamation is actually Published. 

" I am, with great Regard, Gentlemen, 

" Your most Obedient humble Servant, 
"JOHN PENN. 

''To John Armstrong, James Galbreath, & John Bayards, Es- 
quires, & others. Bis Maj&sty's Justices of the Peace for the County 
©f Cumberland." 
VOL. IX. — 27. 



418= 'MimjTES OF THE' 

A Zeiter from the Governor to the Alagistrates of (he Cotmf'^ 

&f Jj^nc&ster. 

'"'PHiiiADSLPiiiA; lltb January, 17G8. 
*' GentlemeE.: 

" Having reesived certara InforraaoioTi that oh' S'^iadaj, fhe lOtlfc 
In&tsnt, Frederick Stiump,. a German, of Penn's ^wnsiiip, in Cmis- 
berland Coyntj, did, without Provocation, iii'arde?, in the raost? 
eruel and mhuman la-anne? in his own M^niMe, Etar the M'oatb of 
Middle Creek, fou? Indian Men, and two Indian Won>en-, and tha*' 
the next Day k<3 proeeeded foi>rteen Miles H'p tha^fc C?eek, and there- 
put te Death and buTnt m ihek Sahias an Indian Woaiaiiv two* 
Girls-, aad a €hald, I do he:»eby stri«tly cliarge and require you.> 
jmmed'iately lO' exert yourselves in the most astivo raanner on this- 
OccasioB, tuy giviiag your asaistanse to the Sheriff and otber OMcer& 
of Justice, in Executing the ahief Justices' Wai'rant,- and taking- 
all other measures in your Power for the immediate appreleridingr 
the said IVederick Stump, and that you dso give you-r beat assis- 
tasee to the Skeriil" in seudiag hi:?i u2<der Meh a Gmard as may 
?ecu.re hira from' all possibility of es2;ipe or Pi.eS'Cue, dowii to this- 
€ity, P:Jgreeab>le to the Clai&f Justice's Warrant, :ferwaKled for that pur- 
pose by this opportunity, to fee- exaic.inad by eoe of She Justises of 
Oyer and Tepmiae?, and So be- dealt \'?i»jb by tbeiEa> aj&ording- to* 
Law, 

'*■! have directed the MagJatra^tea- of Curabarland C&anty fo- dis- 
patch the Sheriff with the Vowe? 3f that County, ipithout deltiy, to»> 
■treo?g;8 ftabriel's- Bouae,. on Peng's Creek, whgrC;^ I am in?i)riaeA 
Stu-sfjp is goae, and t© sucb other p-.nses where it is rsiosfc liktdy he- 
may be fou.sd ; But as it ia pj'obssble he raiiiy a<bscoiiid ar.<3 throw bim'- 
•self oiit ol" t;he JunsdictioH' of Cuim'be:'lamJ, by crossing the Sus- 
^juehanoa, an-l taking llofuge in' tho upper parts- of Laiuiaster 
Couaty^ nsa? th&t liiver,. It will bg absolutely cecessa^y that your 
Sheriff, with all the assistance he can- collect^ be also dispatched as- 
fer a,s Mahsnoy Creek, or the fu?ihes1i Liinita of t^e County, to 
Use in readiness- to apprehend hi:«. in Case he should Fetisc thither.- 

" I Z'VA ^ersaaded;r G-entlomea, that the Lo7e o5 Justice, a Sense- 
of Duty, and a E»egard' fo5 the publick Sufgty, will be sufEcieut Jn- 
dusements- wi^h yoU' to- exert yourselves m> auch a aia/nncraa to- 
leave ho X'Jeasu^es untried which may be likely to ap-preheud andt 
bring to Punis-hmenl) tha PerpeSrato? of s»' h-orrid a Crime,, which* 
in itJs Consequences will aeirtainly involve u& again in all- th^c Calanai- 
itiea of an Indian War,, and be itttended with' the Effusion of much' 
innocent Blood, unless- by pj-aper Exertion' of the Powers of (srov- 
■ernraent, and a* due Execution of the lijaws, whs ®aa satisfy our In- 
dian AliHs,-} tha»t! the G-o?er2me-at does' not countenance those who* 
wantonly .spill their Blood, and convince them- that we think our- 
selves bound by the Solemn Treaties made with- them. 

" I ha-ve this Matter so much, at lieart, that I have determined to- 
give a Reward of Two hundred Pounds to any Person or Persons- 
who- shall apprehend the said Fcederick Stump, and bwng him to- 



PROVINCIAL COUNCIL. 419 

Justice, and should have sent up Proclamations for the purpose by 
this opportunity, if I was not apprehensive that the setting up and 
making publick such Proclamations might he a means of Terrifying 
him, and put him on making his Escape or absconding befire the 
Officers of Justice could take him. I mention this, therefore, to 
you in Confidence, and that you, by discreetly communicating it to 
such as you think proper, may the more easily prevail with them 
■willingly to engage in the undertaking, and you may assure them 
that they shall liave the Reward, though he should be apprehended 
before the Proclamation is actually published. 
"I am, with great Regard, Gentlemen, 

"Your most Obedient humble Servant, 
"JOHN PENN. 
" To Emanuel Carpenter, Isaac Snunders, Edward Shippen, Adam 
Simon Kuhn, Adam Reed, James Biird, John Philip De Haas, and 
James Hickhani, Esquires, and others, his i\Iajesty's Justices of the 
Peace, for the County of Lancaster." 

The same Letter was likewise sent to the Magistrates of Berks 
County, with this difference, that the Paragraph in the foregoing 
Letter, from the words [" I have directed the Magistrates of Cum- 
berland County,"] to the end of the same Paragraph, was omitted, 
and instead thereof was inserted the following one, viz'- : 

" I have directed the Magistrates of Cumberland to dispatch the 
Sheriff with the power of that County, without delay, to G-eorge 
Gabriel's House on Penu's Creek, where, I am informed, Stump 
is gone, and to such other places where it is most likely he may 
be found; But as it is most likely he may abscond and throw 
himself out of the Jurisdiction of Cumberland by crossing the Sus- 
quehanna, and taking refuge in the upper parts of Lancaster or 
Berks Counties, which lie near that River, It will be absolutely 
necessary that your Sheriff, with a sufficient number of People to 
assist him, be also dispatched to Fort Augusta, and to those parts 
of the Country which are opposite to Penn's Creek, or wherever 
else it may be found necessary, in order to be in readiness to appre- 
hend him in Case he should retire thither. I have likewise 
instructed the Magistrates of Lancaster immediately to send off 
their Sheriff to the utmost Limits of that County, for the same 
Purpose." 
(Directed) 

"To James Dieraer, John Patton, and Henry Christ, Esq"- and 
to all and every his Majesty's Justices of the Peace for the County 
of Berks." 

A Draft of a Proclamation was also prepared and issued, but 
ordered not to be made publick till next Week, when it is to be 
published in the Pennsylvania Gazette and Journal, and two hun- 
dred Copies thereof to be printed and dispersed through the Frontier 
Counties. The said Proclamation follows in these words, viz' : 



420 MINUTES OF THE 



" By the Honourable JOEN FENN, Esquire, Lieutenant Gov- 
ernor and Commander-in-Chief of the Province of Pennsylvania, 
and Counties of Newcastle, Kent, and Sussex, on Delaware. 

" A PROCLAMATION : 

" Whereas, it appears, by a Deposition this Day taken before 
the Chief Justice of this Province, that on Sunday, the Tenth day 
of this Month, a certain Frederick Stump, a German, of Penn's 
Township, in the County of Cumberland, did, in Violation of the 
public Faith, and in defiance of all Law, inhumanly and wickedly 
kill, without any Provocation, four Indian men and two Indian 
Women, in his own House, near the Mouth of Middle Creek, in 
the said County, and that the said Frederick Stump went the next 
Day to an Indian Cabin about fourteen miles up the said Creek, 
and there barbarously pat to Death, and burnt an Indian Woman, 
two Girls and a young Child. Jind uihereas, not only common 
Justice loudly demands, but the Laws of the Land and the Preser- 
vation of the Public Faith of Treaties with the several Indians, re- 
quire, that the most speedy and vigorous Exertion of the Civil Au- 
thority should be made in Order to secure and bring to Condign 
Punishment an Offender that hath perpetrated so audacious and 
Cruel an Act on Indians, who for several months past have lived 
near the Frontiers of this Province, in a friendly and quiet Manner, 
and have at all times since the Establishment of the general Peace 
with the Indians in 1764, behaved themselves peaceably and inof- 
fensively to all His Majesty's Subjects. 

'* I have therefore, by and with the advice of the Council, thought 
fit to issue this Proclamation, and do hereby strictly charge and 
command all Judges, Justices, Sheriffs, Constables, Officers, Civil 
and Military, and all other, his Majesty's faithful and Liege Sub- 
jects within this Province, to make diligent searcli and enquiry 
after the said Frederick Stump, and that they use all possible 
means to apprehend and secure him in one of the Public Goals of 
this Province, to be proceeded against according to Law. And I 
do hereby promise and engage, that any Person or Persons who 
shall apprehend and secure the said Frederick Stump, so that he 
be brought to Conviction, shall have and receive the public Reward 
of Two Hundred Pounds. 

" Given under my Hand and the Great Seal of the said Province 
at Phi'ladelphia, the Nineteenth day of January, in the Eighth 
Year of His Majesty's Reign, and in the Year of our Lord one 
thousand seven hundred and sixty-eight. 

"JOHN PENN. 
"By His Honour's Command. 

" Joseph Shippen, Junior, Secretary. 

"GOD SAVE THE KING." 



PROVINCIAL COUNCIL. 421 

Thursday, 21st January, 1768. 

The Governor received from the Assembly, by two members, a 
Verbal Message in the following Words, viz*- : 

A Verbal Message to the Governor from the Assembly. 

"The House having intelligence that a Number of Indians have 
been lately barbarously murdered near Penn's Creek, within this 
Province, and that the Governor has had information thereof, re- 
quest that he would lay such Proofs and Examinations as he may 
have received, or taken on the Occasion, before the House, and if 
he has had any farther Accounts relating to Indian Discoutent, that 
he would, also, be Pleased to communicate theaa." 



January 21ist, 1768. 

The same members also, acquainted the Governor that the House 
Requested to know if his Honour had gone through the Considera- 
tion of the Bill now before him for removing the Settlers on the In- 
dian Lauds, and that he would be pleased to let them know his Re- 
sult thereon as soon as possible, as it is a Bill of great importance. 
His Honour made Answer that he should immediately communicate 
to the House the Intelligence he had received respecting the murder 
of the Indians at Middle Creek, as also, his Result on the Bill be- 
fore him, which he had under advisement at the time that disagree- 
able News was brought him, but that that put him under the neces- 
sity of referring it to a future Consideration. 



Eodem die, P. M. 

The Governor returned to the House by the Secretary, the Bill 
for removing the Persons Settled on the Indian Lands, with the fol- 
lowing Amendment, Viz'-; 

" Page 5, Lines 4 & 5. Dele the words [by the Consent and ap- 
plication of the Six Nations] and insert the words [when the Said 
(S-eorge Croghan, Esquire, as Deputy Superintendant, hath of late, 
held Conferences with the Indians, so as no enlar^^ement or addi- 
tion be made to the improvements thereon at the time of the pas- 
sing this Act, nor any more Families be seated on the same]". 

Tbe Secretary at the same time delivered to the House the fol- 
lowing Verbal Message from the Governor, with the Papers therein 
referred to, vizt. : 

The Governor commands me to lay before the House the Deposi- 
tion of William Blyth, which contains all the intelligence he has re- 



422 MINUTES OF THE 

ceived relating to the barbarous Murder often Indians near Penn's 
Creek, and to acquaint the House that Warrants are issued by the 
Chief Justice, to apprehend the Villianous Perpetrator of that 
horrid Crime. And that he has dispatched Letters to the Magis- 
trates of the Frontier Counties, Copies of which are now making 
out and shall be laid before the House for their perusal, and taken 
every Step he judged most proper to bring the Audacious Criminal 
to exemplary Punishment. 

" I am also commanded by the Governor to lay before the House 
a Letter from Sir William Johnson, received a few Days ago, which 
is all the Intelligence he has had on the Subject of Indian discon- 
tents, since his written Message to the House of the 5th of this 
Instant. 

"January 21st, 1768." 

Two Members of Assembly again brought up to the Governor 
the Bill for the removing the Persons settled on the Indian Lands, 
wiih an Answer to the Governor's amendment thereto, viz'-: 

'* The House agreed to the Governor's Amendment as to the 
words (by the Consent and Approbation of the Sis Nations,) and iu 
respect to the other part adhere to the Bill. 

"January 21st, 1768." 



January 21&t. 

The Governor wrote the following Letters to General Gage and 
Sir William Johnson, agreeable to the advice of Council the 19 
Ins'' viz'": 

A Letter from the Governor ta His Excellency General Gage. 

"Philadelphia, 21st January, 1708. 
"Sir: 

" On Wednesday last I received information by William Blyth, 
who then came to this City from Middle Creek, on the West Side 
of Susquehanna, that a barbarous and unprovoked murder of ten 
Indians was committed on that Creek by one Frederick Stump, a 
German, on the 10th and 11th days of this Month, the particulara 
of which are contained in the inclosed Copy of thq said Blyth's 
Deposition. 

*I am under the greatest Apprehensions that this unhappy affair 
will, at this Juncture, when the Indians are so much discontented 
by the Injuries already done them, be productive of the most Ca- 
lamitous Consequences. But nothing on the part of this Govern- 
ment shall be wanting to remove all the Causes of their Complaints, 
and to give them the utmost Satisfaction in the late instance of Bar- 



PROVINCIAL COUNCIL. 423- 

*bs,Tity •eoraraitted cm tb-eir People. I have cansed the Chief Jms- 
tice's Warrants to be dispatched to all the Sheriffs and other Officers 
of the Fronti'er CoKnties, 'Comiteandcng the Biost diligent Search t© 
he made far the Perpetrator of the murders, s^nd for api^rehending 
and briuging .hina t® condign Psnishisent. 

'' I have also written Letters to all the Magi-strates ef Cunaber- 
fland, Lancaster, ap-d L'crks Counties, in the stroBgest Ternis, re- 
•fjuiring them to exc-rt theiaselvas in the iROst af3t/.ve maBoer on this 
Occasien, by giviag their best Assistance tc the SheritFt, and oither 
Officers in the imirediate Execution of the Warrants eent them, 
.and tating iill other Measures lor the speedy apprehending the 
Attrocieus l~ill&iE, CKd bring hiiM t© Justice ; Afid to isduce the 
>the Peo^ple the m&re willicgly ts eagage m the Uiideirts.kiDg wttk 
the Sheriffs, I have signified to the Magistrates that I will give a 
Eewai-d of T'wo Ecudred Pouad« t© the PersGS or Personis who 
shall appjeh'SBd and secure him ; Aed iisi a Kttie ■time I fihali Pu-l)-- 
lish a FrGcJaniatioE. 'for the came .purpose, which I have delayed for 
a v/hile^ ti'il the more privat/a measures I have coKCorted are ctrry'd 
into Execetion, and lest the setting wp Piroclaneations and making 
tthem PuMic immediately, acight be a means of aJarming him and 
iputting hire on absconding or niakiEg his escape, 'Isefore the Oiicerg 
'Of "Jueticeeould have an OpportuEity of talking bira. 

" I shall write by this -Oppoc-taEity to Sir Wiliiana Jo'Iibsgh, t® 
acquaiMt k'nn with tkis njost unfortunate Aff;ur s.nd the MeasHres 
S am using to give the Indi&cs Satfisfiiction in brieging the Murderer 
to KxcRiplery Punitsiment, that h« may Communicate the :s7'hole 
flatter to the Sis Natiojjs in the i:stest fa^-oursiblc si&neer, and thas': 
they 'liiny be .convinced of ou-r siucere I-ate.iitions -to redress 'thena 
for all Inj:iiries done them, and to 'preserve Faithi with them ta the 
>^itBiost of cur .Power. 

■" Th-e A?seEi.bly,>.who are aov7 sitting, have se'Qt 'tae fc Sill far Re- 
•moving the Settlers, a/ttd preventiag others from cettlisg oe any 
Lauds in this Pfovi'oce Eot purch;-ised froui the Indians, which in- 
ifliete the Penalty of Death .©a ail that shaU be feuad settled •om 
'those I^ande after .a regular and legal Notice of 3.0 Daye has besiL 
^ivGda tliC'Si to Eemove. I have tlids Day returaed it to tJie -House, 
•and have agreed to pass it with a Hecessary AmecdEienti, which thef 
'.caE ha-ve no ob^oetioe to, and ana ie great Hopes this Law Y/ili ef- 
ifectwally answer the good puripose desiign'd by it. 
■" I anj, with great Eegai-d, Sir, 

" Vavir most Obedient humble Servan't, 

•".JOim PENN. 
"^'To His ExcelleQcy Greceral Gagj;/' 



42^ MINUTES OF THE 

A Letter j^om the Governor to Sir WiWiam Johyt^im. 

" Si? : 

"A fe'^ dajs ago- 1 was fjvoTar'd ^yitb jour Letter of the 2d !»-- 
stant. It gives me great Pleasure to kaow that joa approve of ther 
Condiast of the Froprictarj CoxBmissioaera towards tke Dt^pKties of 
ihe Sis NatioB3 that attexx^ed the Survejsojs in yn»Ding the Line 
between this PjroTiBse and Marjlasd, aad of tbe SatisfacJiun miade- 
the Indiaas for tbeij Services; zicA I asm wdt-h obiiged to you foil" 
jour Soodness ia advaHcing the 4'0 Dollars for tbe Beeeased Indian^ 
Jacob's Wife, -whicfa I shall Transmit to you verj soon, together 
with th@ Ballaaee jow iBeatk)n So be due ^o joa in 4be Aecoiupt sent 
Bie. 

" It is with tSte (deepest CJoncsyn ibat I mast no"w a€quiii»t jou^ 
4hat on Wedcesdaj last I received, by William Blyth, wbo then 
eaiBe to this Citj frosi his Mouse at Middle Cree5;, on the West 
side of StQsquebanna, the disagreeable ani Melancbelj Intirkligcnce- 
of a veirj BaT-bar.ous and unprovoked Mur^^er comiaitted oit four In- 
dian Men, three Indian "VYoaaea, two Gills and ai Ohibl. at thafc 
Oreek, by one S'redterick Stump, a German, on the 10th Ik lltb 
days of this M©nth,. the partieulars of whit'h are «OBtai»* ■, in the- 
JDclosed Copy of tb« said Bljth's Deposition. 

"I am undej the greatest apprebeasions ihat thisianbnjipj aiFair 
will, at this Juncture, wheia the Indians are so miieh disc'atented 
by the Injuries already done them, be productive of the :■ ost Ca- 
lamitous Consequences; But sothiog on the part of this < Jovern- 
ment shall be waating to remove all tbe Causes of thei? Com plaints, 
and to gi'-ye them tbe utmost Satisiastion ia tb© late ]ii~'.in&c of 
Barbarity Go-mmitte-d <i>u their Peo]>le. I have eaused fxi Chief 
Justices Warrants to be dispatehed to all the 8berifis and .>*ber Of- 
ficers of the FraatJer Counties, Bosamandiag tbe iiiost diligent 
search to <be made for the Perpetyator of tfee M'srders, au'i for ap- 
■prehendisg and bringing bim to Coadign Psinishsaent. 1 have, also^,. 
writte© Letters to all tbe Magistrates of Cuiaberlaad, LaB?aster, and 
Berks C&un ties, in tbe stroagest Ts-raia, resjairiDg ibcEi toe:5evt them- 
selves, in the most Aetive jaanner, -apoa this occasion', bj giving 
their b-est assistaoce- to the Sherifs and otjber Ofeeis jm the im- 
s»ediat© Hxeeutioa ©f tbe Warraats seat theso, and talting all 
other Eaeasures fo-r tbe speedy apprebendicg th-e attrocioKs Yillain^. 
and byiaging hira to Justice ; an^ to ind^se tie Feople the more- 
willingly to engage in tbe uadei'taking with the SheyiSs, I have 
signified to^ the lAlagistrates that I ■will give a K'eward of Tv/O Hun- 
dred Pounds to the Psrsoa.' m Persons ■wb.o shall apprehend' 
arid secure bin*, fsad ia a little time 1 shall iss-ae a PrtH-hisaatioD 
lor tbe same puypose,. ?/hich I have deliayecl fox a while, till the- 
SBore private Measures I have concerted are efsrried into Execu- 
tion, and lest the setting up Proclamations and making thorn public: 
Smmediatelj,, liiight be a meaus^ ©f alarming bim and puttag him. 



PROVINCIAL COUNCIL. 425 

on absconding or making his Escape before the Officers of Justice 
could have an opportunity of taking him. 

" In order to prevent as much as possible the fatal Consequences 
that may be likely to attend this very unfortunate Afiair, I must 
beg you will be pleased to take the most early occasion to commu- 
nicate it to the Six Nations in as favourable a point of light as the 
Nature of the Case will admit of, and to acquaint them with the 
Measures I am using to give the Indians satisfaction in bringing 
the murderer to Exemplary Punishment. I am in hopes, from the 
Representation you give them of this matter, they will distino-uish 
between the Acts of private Individuals and those of Government, 
and be convinced that tho' it is not in the Power of the Wisest 
Laws to restrain vicious Men from committing Acts of Violence 
and Wickedness, yet this Government Possesses the most sincere 
and steady Intentions to redress their Injuries at all times, and to 
preserve public Faith with them to the utmost of its Power. 

'* The Assembly, who are now sitting, have sent me a Bill for 
Removing the Settlers, and preventing others from Settling on any 
Lands in this Province, not purchased from the Indians, which in- 
flicts the Penalty of Death on all that shall be found settled on 
those Lands after a regular and Legal notice of 30 Days has been 
given them to remove. I have this Day returned the Bill to the 
House, and have agreed to pass it with a necessary Amendment, 
■which they can have no objection to, and I am in great hopes this 
Law will eifectually answer the good purpose designed by it. 
'' I am, with great Regard, Sir, 

''Your most obedient humble Servant, 

" JOHN PENN. 

" To Sir William Johnson, Bar'" 



Friday, January 22d. 
The Secretary, by the Governor's directions, laid before the 
Assembly Copies of the Letters to the Magistrates of Cumberland, 
Lancaster, and Berks Counties, referred to in the Verbal Message 
to the House of Yesterday. 



Eodera Die, P. M. 
The Governor sent to the Assembly the following Verbal Mes- 
sage by the Secretary, viz'- : 

A. Verbal Message from the Governor to the Assembly. 
" Sir : 

"The Governor commands me to acquaint the House that several 
poor Indians are come to Town from Wighaloosin, to Petition for 



426 MINUTES OF THE 

some Cloaths and necessaries, of which they are almost destitute ; 
and that a young Indian Man is also come from the upper parts of 
the Susquehanna, whom His Honour thinks it necessary to dispatch 
with a IMessage to the Indians residing thereabouts, on the Subject 
of the late murder of the Indiiuis at iMiddlc Creek. His Honour, 
therefore, requests the House will enable him to defray the Ex- 
pences on both these Occasions " 



At a Council held at Philadelphia, on Friday 22d Jan''' 
1768, P. M. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c»- 

Joseph Turner, Richard Peters, "| 

William Logan, Benjamin Chew, > Esquires. 

James Tilghman, J 

A Delaware Indian, named Billy Champion, who came to Town 
two days ago, from the Susquehanna, appeared at the Board, and 
acquainted the Governor that Ncwahleeka, the Chief of the Dela- 
wares, and the other Indians at the Great Island, were much displeased 
that five white men had lately been marking Trees and Surveying Land 
in the Forks of the Susquehanna, as yet not purchased from the In- 
dians, and that he having innocently hired himself as a Hunter to them, 
•while they were engaged in that business, was very much blamed 
by the Indians, and threatened to be killed by them ; That there- 
fore Newalecka had ordered him to come immediately to the Gover- 
nor of Pennsylvania, and acquaint him therewith, and ask him 
whether those People had gone into their Country to Survey and 
Mark the Land by his Orders, or not, and also to request that he 
would prohibit all others from doing the same for the future, till 
the Land should be purchased from the Indians. It being the 
opinion of the Board that it would be advisable for the Governor to 
send Newalecka an Answer thereto, and a Message, with a Belt of 
Wampum to him and the other Indians at the great Island, by Billy 
Champion, to acquaint them with the late cruel Murder of the In- 
dians at the Middle Creek, and the Steps now taking to apprehend 
the offender, Mr. Logan and Mr. Peters were appointed to prepare 
a proper Message for that purpose, and to lay the same before the 
Council to-Morrow. 

The Board then took into Consideration the Assembly's Answer 
to the Governor's Amendment to the Bill for removing the Settlers 
on the Indian Lands, and being of Opinion that the Governor ought 
not to recede from his Amendment, advised him to return the Bill 
to the House in the Morning, with a Message, explaining the Rea- 
sons of his Ameudment. 



PROVINCIAL COUiXCIL. 42-; 



At a Council held at Philadelphia, on Saturday 23d January, 
1708. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

William Logan, Benjamin Chew, ) j^ j^es 

Richard Peters, James Tilghman, ) ^ 

The following Message to the Assembly being prepared, was Read 
and approved, and the Secretary was directed to deliver tbe same 
immediately to the House, with the Bill for removing the Settlers 
on the Indian Lands, viz'- : 

A Message from the Governor to the Assembly. 

" Gentlemen : 

" I am sorry to find by your Answer to my proposed Ameiadraent 
of the Bill for removing the Persons settled on the Indian Lands, 
that you are not inclined to accede to what I look upon to be the 
material part of it. As it was impossible I should know the Nature 
and Circumstances of any Improvement Mr. Croghan may have 
made on any Lands on the Ohio, I thought there might be an 
opening left for the People intended to be removed to sit down on 
those very Lands excepted by the Bill, which would render the 
Precautions taken in the Bill in a great measure ineifectual, and the 
Amendment was principally intended to guard against that Incon- 
venience, which I am confident you are equally soliicitous with me 
to prevent; but if you think the Terms of the Amendment too re- 
strictive of the Liberty Mr. Croghan ought to have,, of adding to or 
repairing the Improvements on the Ohio at the Place mentioned in 
the Bill, I am willing to depart from the Amendment as it stands; 
and as I think strict forms may be dispensed with iu a matter of so 
much consequence as the present, I would propose the following 
instead of it, which I am in hopes may be more agreeable to you, 
and may answer the general purpose of the Bill as well, Viz'- : 
' Where the said George Croghan, Esquire, as Deputy Superinten- 
dant, hath of late held Conferences with the Indians, so as no 
greater number of Families be seated thereon than are at present on 
the same.' 

''JOHN PENN. 

'' January 23d, 1768." 

And at the same time the Governor sent to tLe House by the 
Secretary a Verbal Message, as foUowSj viz'' : 



42g MINUTES OF THE 

A Verbal Message from (he Governor to the ^ssemUy. 

"Sir: 

"The Governor commands me to acquaint the House that he has 
been prevented from sending an Answer to their Message of the 
13th Instant so soon as he intended, by the close attention he has 
necessarily been obliged to give to the unhappy Affair of the Mur- 
der of the Indians at Middle Creek, taking immediate Measures for 
bringing the Offender to Justice, and dispatching Letters on the 
Subject to General Gage and Sir William Johnson, but that he has 
now Resumed the consideration of the said Message, and will speedily 
send an answer to it. 

"January 23d, 1768." 

The Draft of a Message to Newalecka and the Indians at the great 
Island being prepared, was laid before the Board and approved. It 
was then read and explained to Billy Champion, in order to be com- 
municated by him in the Indian Manner to Newalecka and the 
other Indians, and follows in these Words, Viz'- : 

A Message from the Governor of Pennsylvania to Ne^voleeha, the 
Chief of the Delawares, and to the other Indians at the Great 
Island: 

" Brother Newoleeka: 

" The Indian Man, Billy Champion, who is the Bearer of this 
Letter, has informed me there were some white People in your Parts, 
Surveying and marking out Lands under a pretence of Hunting, 
and You sent him to desire to know if this was done by my Order 
or knowledge. I assure you it was not. It is a wicked thing, con- 
trary to my Treaties with you, and contrary to our Laws and my 
Proclamations. I will make it my business to find them out, and 
if you know who they are, I desire you will inform me, that they 
may be taken and brought to Justice, The String herewith sent, 
confirms my Words. 

A String. 
■" Brother : 

" I am glad this Indian Man Bill came down at this time, for it 
gives me an Opportunity of informing you of a Melancholy affair 
which I have only heard of within these few days, and which fills 
the Hearts of all your Brethren with the deepest Sorrow and Grief. 
It is this : Two or three Families of Indians, namely, the White 
Mingo, Cornelius, Jonas, and John Cammell, three Women, two 
Girls and a Child, left the Big Island in the Spring, and came and 
built themselves Cabins on Middle Creek, about 15 Miles up the 
Creek ; there they lived and Hunted, and were often with our Peo- 
ple, and were always well received and kindly treated by them; 



PROVINCIAL COUNCIL. 429 

about Ten days ago they were at Mr. William Blyth's, who lives 
at the Mouth of Middle Creek, who treated them kindly; and 
from his House they went to one Frederick Stump's, a Dutch- 
man, who lives in that neighborhood. There it is supposed some 
difference happened, but what it was we have not heard, but they 
were all found Murdered, Six of them in Stump's own House, and 
four at a Cabin at some distance from it; and I am further informed 
Stump says he killed them all with his own hands, and that there 
was no other person concerned with him in the Fact. 

"On my receiving this Melancholy Account, the Sheriff was im- 
mediately sent with Officers to take up this Stump as the murderer, 
and for their Encouragement I oifered them a Reward of Two hun- 
dred Pounds, and I am in hopes he is by this time taken, and 
nothing .shall be lost to bring him to his Tryal, that he may suffer 
Death in the same manner as he would have done bad be killed so 
many White Men. 
"Brother: 

" I consider this matter in no other light than as the Act of a 
wicked, rash Man, and I hope you will also consider it in the same 
way, and not imagine, that since it was done by one Man in the 
manner I have related it to you, that any other Persons have been 
concerned in it, or that it has been any way encouraged by any of 
my People, I assure you it has not. 
" Brother: 

" There are among you and us some Wild, Rash, hot-Headed 
People, who commit Actions of this sort. Whenever it so happens, 
all that can be done is immediately to acquaint each other of them, 
and to bring the Offenders to Justice, that it may make no breach 
between us, but be considered as a rash, sudden act, that could not 
be prevented ; And we now inform you further, that we are going 
to send off a Messenger immediately to the Relations of the de- 
ceased People, who, we hear, live near Chenasso, to inform them 
and the Seneca Nation, to wliom they belong, of this Murder, and 
to bury their Bodies, and wipe their Tears from their Eyes, that it 
may not break the friendship subsisting between us and the Indians, 
but that we may live together and love one another as we did befare 
this melancholy Accident happened. This Belt confirms my 
words. 

A Belt of Wampum. 
" Brother: 

"I desire this Belt of Wampum may be sent to any of our In- 
dian Brethren near you, that they may not be frightened or think 
the English are not their Friends. Assure them to the contrary, 
and that we will keep the Chain of Friendship entire and bright, 



430 MINUTES OF THE 

notwithstanding this Accident. To confirm this my request, I give 
you this String. 

A String. 
C I — *«— >) "^ " Given under my Hand and the Lesser Seal of the 
J Locus [ Province of Pennsylvania, at Philadelphia, the 23d 
} Sigilli [ of January, 17G8. 

t^^-r^J ''JOHN PENN. 

" By His Honour's Command. 

" Joseph Shippen, Juu'' Secretary." 

The Secretary then transcribed the above Message, and after fully 
explaining it again to Billy Champion, Sealing it up and delivering 
it to his ("are, with a Belt and two Strings of Wampum, directing 
him to make no delay in carrying the same to Newahleeka, and in 
his way to call on his Brother, who speaks and writes Eoglish, to 
accompany him to the Great Island, in order to Interpret the Mes- 
sige fully to the Indians. It was agreed by the Board, that in 
Consideration of Billy Champion's Services and Expencesiu coming 
from the great Island and carrying the above Message, he should 
have a present of a Blanket, a Shirt, a Hat, a pair of Shoes, a pair 
of Indian Stockings, a Breech Cloth, and Four Pounds two Shillings 
and Six pence in Cash, which was accordingly provided and delivered 
to him. 



At a Council held at Philadelphia, on Monday 25th January, 
1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c' 

William Logan, Benjamin Chew, \-p, • 

Richard Peters, James Tilghman, j ^ 

The Board resumed the consideration of the Assembly's Message 
of the 13th Instant, and a Draft of an answer thereto being pre- 
pared, was laid before the Board, Bead and approved The Secre- 
tary was directed to Transcribe the Same, and carry it to the House 
in the Afternoon. The said Message follows in these Words, Viz'- 

A Message from the Governor to the Assembly. 

" Gentlemen : 

" My Verbal Message of Saturday last, contained the reasons why 
Your written Message of the 13th Instant remained so long unan- 
swered ] And now I take the opportunity of expressing the Pleasure 
it gives me to find you truly Sensible of the necessity there is of re- 
moving those perverse and obstinate People, who, contrary to the 



PROVINCIAL COUNCIL, 4Sl 

Faith of Treaties, and in contempt of Ilia Majesty's Orders, have 
settled themselves within the Bounds of this Province, on Lands as 
yet, unpurchased of the Indians. 

" It would afford me the highest Pleasure not only to make the 
Indians easy in this Particular, which I understand from the best 
Authority, is the principal Cause of their present discontent; hut to 
give theiiv Ample Satisfaction for every past or future Injury oilered 
to them in this Government. As to the barbarous murder com- 
mitted on the Indians at Conestogo and Lancaster, in the Year 
1763, no Man can be more sensible than I am that they are Crimes 
of so black a Dye as to admit of no Aggravation, or more desirous 
of bringing the Perpetrators of those Villanies to the Punishments 
they so justly merit; And I have the Satisfaction to know that 
every vigorous Step was taken by me on that melancholy Occa- 
?ion, wliich the Law would Warrant. For the better securing 
of the Publick from any further attempts of those audacious 
People, the assembly at my Instance extended to this Province 
the Riot Act of the 1st of George the 1st. I did not lose a mo- 
ment's time in Writing the Magistrates of Lancaster, York and 
Cumberland, commanding and enjoining them in the Warmest 
Terms to use their utmost Endeavours to discover and apprehend 
the Offenders, and by a Proclamation issued by me at the same 
time, very high Rewards were offered to those who should make 
such discoveries. It is greatly to be lamented that those Measures 
were not attended with the success so much desired and expected 
from them. No one could be found who had Virtue or Resolution 
enough to give the Officers of Justice any information in the matter, 
to which it is owing, and not to the Debility of the Government; 
that Justice has not loug since overtaken the murderers. 

" The Orders I then gave, and the Rewards offered, were not 
limited to anytime, but still carry with them the same Obligations 
and Inducements they ever had. In my Station I conceive noth- 
ing more can be done without doing an Act of Violence to the Con- 
stitution, wliich commits the immediate Administration of Justice 
wholly to the Magistracy, and I am persuaded. Gentlemen, that 
you are the last Persons who would advise me to extend my Power 
in any Case beyond the Rounds prescribed by the Laws of the 
Land. I have heretofore taken occasion to urge to Sir William 
Johnson the necessity of establishing a general Roundarj' with the 
Indians, and shall take the earliest opportunity of communicating 
to his Excellency General Gage and Sir William Johnson, that 
part of your Message relative to the compleating with the Indians 
an agreement respecting such Boundary, but at the same time 
£ think myself obliged in Justice- to those worthy Gentlemen, to ac- 
quaint you, that to my certain Knowledge it is not owing to them 
that this Cause of complaint and Uneasiness with the Indians has 
not been loug ago removed. 

"JOHN PENN. 

" January 25th, 17G8." 



43a MINUTES OF THE 

At a Council held at Philadelphia on Thursday 28 Jan^'"' 1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

William Logan, Benjamin Chew, 1 j^gf^uj^es 

Richard Peters, James Tilghman, j. » 

The Governor laid before the Board a Message from the Assem- 
bly, which he received yesterday, with the Bill for removing the 
People settled on the Indian Lands. The said Message was read, 
and is as follows, viz'- : 

A Message to the Governor from the Assembly. 

" May it please your Honour : 

" After taking into our serious consideration the Bill cntituled 
'An Act to remove the Persons now settled, and to prevent others 
from settling on any Lands in this Province not purchased of the 
Indians,' with your Honour's proposed Amendment, and Message 
of the 2od Instant, it is with real concern we have found ourselves 
under the necessity of differing in Sentiments with you in a matter 
of so much importance to the Peace and Safety of the Province. 
Could we conceive your Amendment to be either reasonable or ne- 
cessary, we should have adopted it without the least Hesitation, but 
as, in our opinion, the Bill, in its present form, is adequate to the 
mischiefs intended to be remedied, and had we acceded to your pro- 
posed amendment, we shou'd have involved the innocent with the 
guilty, by imposing the severest Penalty on a Person for doing an 
Act which there is no Reason to suspect can give the Indians the 
least discontent, we thought the Bill would better answer the Pur- 
poses intended without it. 

" 'J'hat our Reasons for this disagreement in opinion with your 
Honour may be rightly explained and understood, we beg leave to 
observe, that the House, from an earnest desire to remove the cause 
of the Indian Jealousy and discontent, arising from the Settlement 
of their Lands, prepared a Bill, and by the first Clause thereof in- 
flicted the Penalty of Death on all Persons settling on any Lands 
not purchased of the Indians ; but as they were informed that 
there are a number of Settlers on the communications through 
this Colony to Fort Pitt, under the Permissions of his Majesty's 
Generals for the Accommodation of his Troops in their Marches, 
and, as George Croghan, Esquire, Deputy Superintendent of Indian 
affairs, had likewise made a Settlement near Fort Pitt, with the As- 
sent of the Six Nations, where he generally resides when sent to 
that Country on the business of the Crown, none of which Settle- 
ments had ever been objects of the Indian complaints, we thought 
it highly expedient and necessary to except them in the Bill. The 



PROVINCIAL COUNCIL. 433 

Proviso relating to the latter, is in these Words : * Provided always, 
that nothing herein contained shall be deemed or construed to ex- 
tend to a Settlement made by George Croghan. Esquire, Deputy 
Superintendent of Indian Affairs, under Sir William Johnston, on 
the Ohio, above the said Fort, by the consent and approbation of 
the Six Nations.' To this Proviso your Honour was pleased to 
send down the following Amendment : ' Dele the Words [by the 
Consent and approbation of the Six Nations], and insert the words 
[where the said George Croghan Esquiie, as Deputy Superinten- 
dant, hath of late held Conferences with the Indians, so as no En- 
largcment or Jiddit'ion be made to the Improvemenis thereon, at 
the time of passing this Act, nor any more Families be seated on 
the same].' To leave out the Words Objected to we chearfully 
agreed, because, altho' we have no doubt that this Settlement was 
made by Mr. Croghan with the Assent of the Six Nations, yet as 
we had not the Proofs before us to convince you of the Fact, we 
did not think them of Consequence sufficient to be insisted on, 
but as to the other parts of the Amendment for the following, which 
we think important Reasons, the House adhered to the Bill. 

" Because we have never understood that the Settlement long 
since made and well known to his Majesty's Generals and Sir Wil- 
liam Johnson, has ever been disapproved of by them, nor have we 
heard, or do we believe, that it is the least Cause of Indian Discon- 
tent, and therefore we could not perceive that it could answer any 
good Purpose to restrain Mr. Croghan from making any ' Enlarge- 
ment or Addition to the Improvements thereon.' Besides, we are 
apprehensive, should the Government too strictly counteract the Ap- 
probation of the Indians with respect to this Settlement, it might, 
at this critical Juncture, tend rather to increase than remove their 
dissatisfaction. 

" And because we cannot presume that Mr. Croghan would do 
any Act whatever thnt might give the least Umbrage or uneasiness 
to the Natives under his immediate Snperintendance; the Commis- 
sion he holds, the Address and Fidelity with which he has always 
executed that Commission, and the eminent Services he has ren- 
dered the Nation and its Colonies in conciliating the Affections of 
the Indians to the British Interest, forbid the suspicion. To re- 
strain, therefore, that Gentleman from making any enlargement or 
Addition to the Improvements already made on this Settlement, 
and thereby to render him liable to the Penalty of Death for an 
Act which perhaps may be necessary for the more convenient 
transacting the business of the Crown, and which can by no means 
be productive of the Mischiefs intended to be obviated by the Bill, 
would be a Severity, in our Opinion, entirely unnecessary, and as 
unreasonable as unmerited. 

" Thus much we have thought proper to offer in Vindication of 
our disagreeing with you on your proposed Amendment; And with 
Respect to your Honour's apprehension, ' that there might be an 
VOL. IX. — 28. 



434 MINUTES OF THE 

opening left for the People intended to be removed, to sit down on 
the Lands excepted by the Bill/ We beg leave to say, that it ap- 
pears to us very improbable that the Settlers who shall be removed 
from their present settlement, will transfer themselves and Families 
to the Lands settled by Mr. Croghan, as those Lands are all in the 
Vicinity of Fort Pitt, and no Settlements can be made thereon 
without the Consent or Connivance of the Officer commanding 
that Garrison. To presume eiiher of which, would be injurious to 
his public Reputation. However, to remove your Honour's Objec- 
tion on this Head, and that a Bill of so much consequence to the 
public Welfare may be no longer retarded, we will agree to insert 
in the bill, instead of the Amendment proposed in your Message, 
the following Proviso : 

" Provided, also, that if any person who shall remove off and from 
the Lands not excepted as aforesaid, or elsewhere, to the Lands on 
which the said George Croghan, Esquire, has made the Settlement 
aforesaid, and shall there reside and Settle, to the Annoyance and 
Dissatisfaction of the Indians, every such Person shall be, and is 
hereby declared to be Offenders within the Intent and meaning of 
this Act, and liable to the Penalty herein before directed to be in- 
flicted on Persons Settling on Lands not purchased of the Indians 
as aforesaid, after the Notice aforesaid. 

" Signed by Order of the House, 

" JOSEPH GALLOWAY, Spealcer. 

" January 27th, 1768." 



The Board taking the above Message into Consideration, and not 
thinking it advisable to adopt the Proviso proposed therein by the 
House, unless they would agree to strike out the Words *' to the 
Annoyance and Dissatisfaction of the Indians," were of Opinion 
that the Bill should be returned to the Assembly, with a Message 
from the Governor, acquainting them that he would be v.illing to pass 
it with that Proviso, omitting those Words, and expunging from the 
Bill the Words " by the Consent and approbation of the Six Na- 
tions." The following Message was accordingly drawn, and being 
approved, the Secretary was directed to carry it to the House, with 
the Bill for removing the Settlers on the Indian Lands." 

A Message from the Governor to the Assembly. 

"Gentlemen : 

" The Addition you propose in your Message of Yesterday, to the 
Bill entituled "An Act to remove the Persons now Settled, and to 
prevent others from Settling on any Lands in this Province, not 
purchased of the Indians, is, iu my Opinion, so far from answering 



PROVINCIAL COUNCIL. 435 

the Purpose of deterring Persons from removing themselves to, and 
settling on the unpurchased Lands where Mr. Croghan has made a 
a Settlement, and usually resides wheu he transacts business 
with the Indians, that it may rather be considered as an En- 
couragement to them. The Offence, by the Addition proposed, 
does not consist in settling these Lands, unless such settlements 
shall be " to the Annoyance and Dissatisfaction of the Indians/' 
so that all Lawless Intruders will be at liberty to take posses- 
sion of and improve them in the first instance with Impunity, and 
whether it may or may not annoy or dissatisfy the Indians in gen- 
eral, may be a Question of extreme difficulty, and which perhaps 
may not admit of such legal Proof as to bring the Settlers to con- 
dign Punishment under this Law, till an Indian War (the Evil we 
are guarding against) has actually taken place. For this reason I 
cannot help thinking, that the Amendment contained in my written 
Message of the 25th Instant, much better adapted to the good End 
we both seem to have in view, than the new Proviso you would add 
to the Bill. The material difference between us is occasioned by 
the words of your Proviso [to the Annoyance arid Dissatisfaction of 
the Indians,] which I conceive makes the Crime too depend on facts 
scarcely capable of full proof, I am therefore in hopes on coolly 
considering the matter, you will be inclined to wave the Expres- 
sions in the Proviso, which if you think proper to do, I will pass 
the Bill with the rest of your Proviso, after expunging the words 
you agreed to leave out in your answer to my first amendment. 
Should you however, Gentlemen, on this point difi"er in Sentiment 
with me, to prevent the miscarriage of a Bill of such general Conse- 
quence, upon which the Peace of the Colonies may in a great meas- 
ure depend, I will consent to pass it on the Amendment you first 
acceded to. 

"JOHN PENN. 
« January the 28th, 1768." 

A Bill entituled " An Act for the relief of the Poor," sent up 
yesterday by the House for the Governor's Concurrence, was also 
laid before the Board and referred to further Consideration. 

Mr. Peters and Mr. Logan, having by the Governor's desire pre- 
pared a Message to be sent by the Indians now in Town from 
Wighaloosin, viz'': Zaccheus and his Family, to the Indians resid- 
ing at Wighaloosin and the upper parts of the Susquehanna, the 
same was approved and Signed by the Governor, and the Secretary 
was directed to affix the Lesser Seal to it, and to deliver it with two 
Belts of Wampum to the Charge and care of the said ZaecheuSo. 
The said message is as follows, viz'-: 



436 MINUTES OF THE 

" I'Jie Honourable JOHN PENN, Esquire, Lieutenant Governor 
and Commander-in-Chief of the Province of Peniisylvania, and 
Counties of Newcastle, Kent, and Sussex, on Delaware. 

" To our Indian Brethren at Wighaloosin, on the River Susquehanna, 

Greeting : 

" Brethren : 

" We have the Pleasure to see in this City the Indian Zaccheus^ 
and some other Indians with him. They came on a friendly visit, 
and we have received them like Friends and Brethren. 

" Brethren : 

" We have just now received a very disagreeable Piece of News. 
Some Indians have lately been Murdered at Middle Creek, not far 
from the Island called the Mahoney, in the River Susquehanna, 

.about 7 or 8 miles from Shamokin. 

" Our Treaties of Friendship oblige us to acquaint our Brethren 

■with every thing that happens, especially if it relates to Life, or 

.any hurt and violence done to our Persons or Properties. We shall, 
therefore, openly and aflFectionately relate this Matter to you just 
as we received the account of it by a Person of Reputation, living 
in the Neighborhood where the Murder was committed. 

"Two or three fiimilies of Indians, namely: an Indian called the 
the White Mingo, another called Cornelius, another called Jonas, 
another called John Cammell, three Indian Women, two Girls, and 
a Child, removed from the Big Island in the Spring, and came and 

■built themselves Cabbins on Middle Creek, about fifteen miles up 
the said Creek ; there they lived and hunted, and were in a very 
friendly manner with the White People thereabouts, and were 

, always well received and kindly treated by them. 

" About Ten days ago they were at Mr. William Blyth's, who 
lives at the Mouth of Middle Creek, who treated them kindly, and 
from his House they went to one Frederick Stump's, a Dutchman, 
who lives in that neighborhood; there it issupposed that some dif- 
ference happened, but what it was we have not heard, but they were 

.all found murdered. Six of them in Stump's own House, and four 
Ib a Cabin at some distance from Stump's House, and I am further 

• informed Stump says he killed them all with his own Hands, and 
that there was no other Person concerned with him in this Act. 
■ " Brethren : 

" On my receiving this melancholy Account, the ShcriiFs were 
immediately sent with Officers to take up this Stump as the Mur- 
derer, and for their Encouragement I oifered a Reward of Two 
hundred Pounds, to be forthwith paid to any Person or Persons who 
should apprehend Stump, the murderer; and I am in hopes he is by 
this time taken, and no time shall be lost to bring him to a Trial, 
that he may suffer Death in the same manner as he would do if he 
had killed so many White Men. 



, PROVINCIAL COUNCIL. 437 

*^' Brethren : 

" I can consider this matter in no other light than as the Action 
of a wicked, rash man, and I hope you will also consider it in the 
same wa}', and not believe that since it was done by one man, in 
the manner I have related, that any other White Men were con- 
cerned in it, or that it has been any ways encouraged by any of my 
People ; I assure it has nut. 

" Brethren : 

*•' There are among you and us some wild, rash, hot headed Peo- 
ple, who commit Actions of this sort ; Whenever it so happens, all 
that can be done is immediately to acquaint each other of these 
things, and to bring the Offenders to Justice, that it may make no 
Breach between us, but be considered as a rash, sudden Act, that 
could not be prevented, And we now inform you that we have sent 
off Messengers to Sir William Johnston and to our Indian Breth- 
ren, the Sis Nations, to inform them of this wicked Murder, & how 
it happened, with intent that it may not break the Friendship sub- 
sisting between us and the Indians, but that we may live together 
and love one another as we did before this melancholy accident hap- 
pened. This Belt of Wampum confirms my words. 

A Belt 

" Brethren : 

" We desire that this Belt of Wampum may be sent forward by 
Zaccheus, or any other Indians that shall chuse, to the Indians 
living up the Susquehanna, and particularly to those who live at the 
North West branch, which runs into the Susquehanna at Diahogo, 
or Tohickon, because we are informed that the White Mingo, and 
some of the other Indians, came from some Town on that Branch. 
'^ Brethren : 

"I desire you will particularly assure our Indian Brethren in 
ray name, that this matter gives as much Trouble and grief to our 
Hearts as to theirs, and that notwithstanding this wicked Action, 
we love our Brethren as well as formerly, and shall spare no Pains 
to briug the Murderer to the Death he deserves. 

A Belt. 

( I — ^- — . "^ " Given under my Hand and the Lesser Seal of the 
j Locus [ Province of Pennsylvania, at Philadelphia, the twenty- 
I Sigilli. I eighth day of January, 1768. 
{^' — , — ') "JOHN PENN. 

" By his Honour's Command. 

" Joseph Shippen, Jun'' Secretary." 

The Indian, Zaccheus, having complained to the Governor that 
he and his Family, consisting of 9 Persons, were very Poor, and Pe- 
titioned for some Cloaths and Necessaries, His Honour directed 
that they should be furnished with what was sufficient for them, and 
they were accordingly presented with the following Articles, Viz*-: 



438 MINUTES OF THE 

"10 Shirts, lo'"- Lead, 1 dozen Cotton Romal Handk'-" 8 Blank- 
ets, 4"^- Powder, £20 in Cash, 10 pr. Ind"- Stockings, 2 Brass Ket- 
tles." 



Friday, 29th January, 17G8, 5 o'Clock, P. M. 

MEMORANDUM: 

An Express arrived this moment with a Letter to the Governor 
from Edward Sbippen, Esquire, at Lancaster, with Intelligence of 
Frederick Stump's being taken, and secured in the Gaol of Cumber- 
land County, which Letter was immediately laid before the Assem- 
bly for their perusal, and follows iu these Words, viz'-: 

" Lancaster, 28th January, (Noon), 1768. 
" Honoured Sir : 

"As soon as the Magistrates of this County received the honour 
of your directions, by Mr. William Blythe, for apprehending 
of Frederick Stump, The Sheriff and Coroner went off with the 
Copy of the said directions to James Burd, Esquire, and these Of- 
ficers are now returned, and inform us that the murderer of the In- 
dians is taken by young Captain Patterson, with a Party of twenty 
Men, and secured in Carlisle Gaol, that on our said Officers return to 
Mr. John Harris's, Mr. Burd being there, they sent an Express 
over to the Sheriff of the County- of Cumberland, desiring him to 
bring Stump to them, and they would take care to convey him safely 
■down to Philadelphia, in order to be examined ; but he wrote them for 
Answer, that he could not do that, for Reasons which he should im- 
mediately send by Express down to his Honour the Governor. The 
Magistrates who live in this Borough, thought it advisable to send 
your Honour this News b}^ Express, Vvho is to setoff after his Horse 
is Shod. 

"I am Your Honour's affectionate Friend, 

" and most humble Servant, 

"EDV\"- SHIPPEN. 

" To the Hon''-'' John Penx, Esquire, Governor." 



At a Council held at Philadelphia, on Saturday SOth Jan''- 
1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

Benjamin Chew, Lynford Lardner, ? t^s. ,,;vpb 

&T m'^ 1 I j^jsquires. 

James liJghman, 3 

The Bill entituled "An Act for the relief of the Poor,'' was 
read and considered, and the Board being of Opinion that it re- 



PROVINCIAL COUNCIL. 439 

quired several Amendments, the following ones were made and 
agreed to, and the Bill was ordered to be returned to the Assembly 
with the same, as soon as they should meet on Monday next. 

Amendments to the Bill entituled " An Act for the relief of the 
Poor:" 

" Page 2, Line 3, Instead of the word f^^*^^]? insert the word 
[or]. 

" Page 21, Line 3. after the word [the], insert the words [Dis- 
trict of Southwark, the]. 

" Page 27, Line 7. instead of the word [Twenty], say [Ten]. 

"Page 30, Line 5. instead of [monneyl say [money]. 

" Page 38, line 1. instead of [Six] say [Twelve]. 

" Same Pa., Line 10. after the word [reside] insert the word 
[and]. 

''Page 41, Line 7. instead of [.Justicis] say [Justices]. 

'' Page 42, Line 3. after the word [shall] add the Words [after 
the Date of such Certificate]. 

" Same Pa., Line 7. instead of the Word [perscribed] say [pre- 
scribed]. 

" Same Pa., Line 10. after the word [Borough] insert the word 
[or] 

" Page 4 ), line 7. after the word [City] add the words [other than 
the Mayor or Recorder]. 

" Same Pa., Line Anti penult, after the word [City] insert [other 
than the Mayor or Recorder]. 

"Same Pa., Penult Line, instead of [Per] say [Persons]. 

" Page 44, Line 4. after the word [the] insert the word [.said]. 

" Page 45. Dele from the word [the] in the first Line to the 
word [and] in the fourth Line, and instead thereof insert the words 
[nest general Quarter Sessions of the Peace to be held for the City 
or County from which the Person or Persons shall be so removed, 
and that the said appeal shall be prosecuted and determined in the 
General Court of Quarter Sessions of the Peace for the City or 
County respectively, where such Order of removal shall be made]. 

" Same Pa., line 5. Instead of the word [.Justices] say [Court]. 

" Page 46, Line 8. after the word [same] add as follow.s : [Pro- 
vided always, and be it further enacted by the Authority aforesaid, 
that none of the Magistrates or Justices who shall sign any Order 
for the removal of a Poor Person or Persons shall, on the hearing 
any Appeal from such Order, sit or Vote in the (-ourt of general 
Quarter Sessions of the Peace for the City, Borough, or County to 
which such Appeal shall be made]. 

" Page 59, Line 1. Dele the words [of the Poor]. 

"Same Pa., Line 10. Dele the words [and if]. 

"Page 62, Line 2. instead of the words [the next] say [their]. 

" Same Pa., Line 9. instead of the word [Wines] say [Wives]. 

i' Page 63, Line 13. instead of [Prophets] say [Profits]. 

" Page 05, Line 14. instead of [Wife] say [Mother^." 



440 MINUTES OF THE 

The Governor laid before the Board A Petition from a rery con- 
siderable number of the Inhabitants of Berks County, setting forth 
that if a Provincial Road was laid out in the most convenient places, 
from the Town of Reading, in the said County, to Fort Augusta, 
it would greatly tend to advance the Trade and Commerce with the 
Indians who are Settled at the heads of the Susquehanna River, 
and to preserve the Friendship and Peace with them, and would, 
also, save great charge and Expence in Transporting Skins and 
Furs from thence, as the distance from that Fort to Philadelphia, 
by way of Reading, is much shorter than any other, and therefore, 
praying the Governor in Council, to appoint proper Commissioners 
to lay out a King's High Way, or Public Road from the said Town 
of Reading to Fort Augusta, and to direct Measures to be taken for 
opening and clearing the same. 

The Board taking this matter into Consideration, are of Opinion 
that such a Road will be of very great Public Utility, but that as 
part of the Country through which it would pass to Fort Augusta, 
is not yet purchased of the Indians, a Road ought not to be opened 
beyond the Line of the last Purchase. 

It is, therefore, agreed and ordered that a Provincial Road be 
laid out from the said Town of Readhuj, through the County of 
Berks, in the most convenient and direct Courses, towards Fort Au- 
gusta, as far as the said Line, or to such part of the River Susque- 
hanna, between the Mouth of Mahnnoy Creelc, and where the said 
Line intersects the said River, as may be found to be of the greatest 
public use and convenience. And the Board do accordingly ap- 
point and order Jonas Seely, John Patton, Henry Christ, James 
Scull, Frederick Weiser, Benjamin Spycker, Mark Bird, Christian 
Laur, and Thomas Jones, Juu'' or any Six of them, to lay out the 
same Road, and make a Return of the Courses and Distances thereof, 
into tlie Provincial Secretary's Office, within Six Months from this 
day, in order to be confirmed by the Governor and Council, if the 
same shall be approved. 

A Committee of two members of Assembly waited on the Gover- 
nor and presented him a Bill for his Concurrance, entituled "An 
Act for incorporating the Society known by the name and Stile of 
the Philadelphia Contributionship, for the Insuring of Houses from 
Loss by Fire, to ratify and confirm the Articles of Agreement of 
the Contributors, and to enable them to make suitable By-Laws for 
the better management and prosecution of the said design." 

Mr. Hillegas, one of the said Members, then acquainted the Gov- 
ernor that tLe House were about framing a Lottery Bill, for raising 
a sum of money for purchasing a piece oif Ground on the River in 
the Northern Liberties for a Public Landing, &ca., and presented 
him for his approbation, a List of Persons proposed for managers 
of the said Lottery, viz'-; Thomas Salter, Philip Syng, Samuel Miles, 
John Chevalier and Peter Knight. The Governor made answer 
that he should consider of them, and let him know at a future time 
whether he approved of them. 



PROVINCIAL COUNCIL. 441 

Tuesday 2d of February, 1768. 
MEM0RANDU3I. 

The Governor was informed that Frederick Stump and his Ser- 
vant, who were Committed to the Gaol at Carlisle on the 2od Ul- 
timo, were still detained there, contrary to the express Orders of the 
Chief Justice's Warrant, which required that the said Stump should 
be brought to Philadelphia to be examined before one of the Justices 
of Oyer and Terminer, and no Letters being as yet received, either 
from the Magistrates or Sheriffof Cumberland County on that Subject, 
His Honour, by the advice of the Members of Council, wrote the 
following Letters to the Sheriffs of Cumberland, Lancaster and Ches- 
ter, ordering them to bring the said Frederick Stump and his ser- 
vant John Ironcutter, forthwith to this City, agreeable to the War- 
rant of the Chief Justice. 

Ji Letter from the Governor to the Sheriff of Cumhcrland Count)/. 

" PiiiLADELniiA, 2d of February, 1768. 
"Sir: 

" I am altogether at a loss to conceive the reason why you have 
not e'er this, in obedience to the Chief Justice's Warrant, brought 
Frederick Stump to Town in order to be examined, or at least de- 
livered him to the Sheriff of Lancaster. For if in this important 
matter you shall be found to be delinquent, you may expect to be 
called to the strictest Account. Whatever reasons may have 
hitherto induced you to retain the said Stump at Carlisle, you are 
immediately, upon notice given you by the Sheriffof Lancaster, of 
the time when he will be ready to receive him, to proceed with him 
under a proper Guard to the Verge of your County, and there de- 
liver him into the Custody of the Sheriffof Lancaster County. But 
in Case you shall have reason to suspect any attempt to rescue the 
Prisoner, you are to retain him at Carlisle, and give me immediate 
notice by Express, of the reasons of your Apprehension. 
"I am Sir, 

" Your most Obedient humble Servant, 
"JOHN PENN." 

P. S. "As Ironcutter, the Servant of Stump, is apprehended as an 
accomplice with his Master in the Murder of the Indians, he is also 
to be sent down. 

To John Holmes, Esquire, Sheriffof the County of Cumberland. 

A Letter from the Governor to the Sheriff' of Lancaster Counfi/. 

"Sir: 

" I send the Bearer Express to the Sheriff of Cumberland, 
ordering him to deliver forthwith into your Custody the body of 
Frederick Stump and his Servant, Ironcutter. You are therefore, 



442 MINUTES OF THE 

upon the Receipt of this, to give him immediate Notice of the time 
you will be ready to receive them at the Verge of your County, and 
upon receipt of the Prisoners, you are to convey them immediately, 
under a proper Guard, to the Borders of Chester County, where I 
expect the Sheriff of that County will meet you, in order to receive 
the Prisoners into his Custody; but if by any Accident the Sheriff 
of Chester should not meet you at the Verge of that County, you 
are to lose no time in waiting for him, but are to proceed with the 
Prisoners directly to this City; And if you shall have any reasons 
to suspect an attempt to rescue the Prisonei's, you are to retain them 
in your Gaol, and give me Notice by Express of the reasons of such 
your apprehension. 

" I am, Sir, Your most Obedient humble Servant, 

''JOHN PENN. 
" To James Webb, Jun'- Esquire, Sheriff of the County of Lan- 
caster." 



A Letter from tlie Governor to the Sheriff of Chester County. 

" Philadelphia, 2d February, 17G8. 
<'Sir: 

" I inclose you the Copy of a Letter which I send by Express to 
the Sheriff of Lancaster, respecting the bringing Frederick Stump 
and his Servant, Ironcutter, charged with a late murder of 10 In- 
dians, to this City, to be examined by one of the Justices of Oyer 
and Terminer. You will perceive therein, that he is directed to de- 
liver the Prisoners into your Custody at the Verge of your County, 
where I desire you will attend and receive Stump and Ironcutter 
into your Charge, and immediately bring them under a sufficient 
Guard to this City. 

*' As the Time is at present uncertain when the Sheriff at Lan- 
caster will be down with the Prisoners, I must leave to your dis- 
cretion the means of settling with him the day you are to meet 
him, to avoid your being put to the Trouble and Expence of wait- 
ing unneccessarily at the Borders of the County. Perhaps it might 
be the most expedient for you to dispatch one of your Deputies to 
Lancaster, that he may be ready to come Expess to you on the 
Occasion. 

" I am, Sir, 

" Your most Obedient 

humble Servant, 

"JOHN PENN. 
*' To John Morton, Esquire, Sheriff of the County of Chester." 



PROVINCIAL COUNCIL. 443 

3IEM0RANDUM, Tuesday 2d February, 17G8. 

A Committee of two members of Assembly waited on the Gover- 
nor, and presented him for his Concurrence three Bills, eutituled 
as follows, viz'- : 

*' An Act to continue an Act, entituled ' An Act for laying a 
duty on Negro and Mulatto Slaves imported into this Province.'" 

And another Act entituled a Supplement to " an Act eutituled 
'An Act for laying a duty on Negroe and Mulatto Slaves imported 
into this Province.' " 

"An Act for raising by way of Lottery the Sum of £5,250 for 
the purchasing a Public Landing in the Northern Liberties, and 
paving the Streets of the Ci^y of Philadelphia. 

The same Members also brouglit up the Bill for the relief of the 
Poor, Tvith the following answer of the House to the Governor's 
amendments thereto, viz'- : 

ist, 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th. Amendments 
agreed to by the House. 

11, 12. The House adhere to the Bill. 

13, 14. Agreed to by the House. 

15, 16. The House adhere to the Bill. 

17, 18, 19, 20, 21, 22, 23. Agreed to by the House. 

By the last Post the Governor received a Letter from his Excel- 
lency General Gage, dated the 26th Ultimo, which was ordered to 
be entered on these minutes of Council, and is as follows, viz'-: 

A Letter to the Governor from his ExceUnncy General Gage. 

" New York, January 26th, 1768. 
" Sir : 

" I have been favoured with your Letter of tlie 21st Instant, with 
the Deposition of William Blythe, conjerning the murther of a 
Number of Indians, by one Stump, a German. Such an event, at 
this Juncture, ni-akes me very uneasy for the Consequences that we 
have Reason to fear will ensue, tho' you have taken every measure 
in your Power to avert the Resentment of the Indians. If this 
Villain can be apprehended and brought to Punishment, in pre- 
sence of some of the Indians of the Tribe to which those who 
have been killed belonged, they may possibly, with the Addition of 
a few Presents to their Relations, be Pacitied, and the Vigorous 
measures now taken by your Assembly to remove the Settlers on 
the Waters of the Monongahela from their Encroachments, must 
convince the Savages of our sincere desires to do them Justice on 
all occasions. You will by the Spring be able to Judge in what 
manner it will be proper to proceed against those Vagrants, and I 
shall have the Troops in readiness to give you every Assistance that 
you can require from them. 

*'I have the Honour to be, with great regard. Sir, 

"your most Obedient, humble Servant, 
" THO^ GAGE. 

" Hon"^- L'- Gov"- Penn." 



444 MINUTES OF THE 

Eodem Die, P. M. 

An Express arrived from Carlisle, with a Letter to the Governor 
from John Armstrong, Esquire, dated the 24th Ultimo, which was 
immediately laid before the Assembly for their perusal, and fol- 
lows in these words, viz': 

A Letter to the Governor from John Armstrong, Esquire. 

"Carlisle, 24th January, 1768. 
" May it please your Honour : 

" Your Honour's Orders of the 19th Instant, together with the 
Chief Justices' Warrant, came to hand yesterday afternoon. This 
most Barbarous Murder, Pregnant as it is with every gloomy ap- 
pearance, as well to the Publick as to many helpless Families, you 
very justly conceive of. 

"Agreeable to these apprehensions, as soon as the report came 
here, altho' at second hand I did, with the advice of a number of 
the Magistrates, write for and immediately send off the Coroner, not 
only to do his Office, but to use every possible mean, whether by 
Stratagem or Force, to bring in Frederick Stump and his Servant 
man, hoping, at the same time, that unless Men were lost to Reflec- 
tion and the Laws of Society, the thing would not be to do when 
the Coroner should get there, accordingly, to our great Satisfaction 
whilst in Obedience to the Orders of Government, we were fixing 
out the Sheriff, together with William Lyon, James Maxwell, and 
John A.llison, Esquires, who were to have a proper Guard, Stump 
and his man were brought into this Town about 8 O'Clock, P. M., 
by Cap'- William Patterson and about Twenty young Men, Inhabi- 
tants of Juniata, who did this good Act, and the Sheriff sets out with 
the Criminals to-morrow morning. I hope the Coroner, who has not 
yet time to return, nor did the Party meet him, will also be enabled 
to do his Oflice. I told him to bury those said to be under the Ice, 
at least in two Graves, and also sent a Message to Patterson before 
he came here, provided the Fellows were taken, that if any Indian 
were in them parts, he should immediately be dispatched to the 
great Island, or next party of Indians, to assure them that the Gov- 
ernment would do them Justice ; accordingly, he tells me, he has 
sent one Gcrshom Hicks, formerly a Prisoner with the Indians, and 
have also advised, that if a second messenger can be got, he may be 
sent to shew the particular care your Honour has taken on the oc- 
casion, but this last I hope may be better eflected by Blyth on his 
Keturn home, if any Indians there be about him. We have not 
attempted any formal Examinations here, but the Fellows frankly 
acknowledge that they were the only perpetrators at both Places, 
Stump killing nine of the Indians, and the Servant One, but have 
formed a similar Story, touching the conduct of the Six Indians at 



PROVINCIAL COUNCIL. 445 

Stump's House, and the necessity be was under to kill them, which 
I take to be false. The Report of the Coroner shall be transmitted 
by the first Opportunity after his return. Sundry Families are fled 
off of the Susquehanna, near to Stump's, yet I think the Indians 
will consult before they attempt Hostilities, but am afraid they may 
strike before any proper state of this matter can be sent them. 
'' I am your Honour's most Obedient humble Servant, 

"JOHN ARMSTRONG. 
" Governor Penn." . 



"28th Instant, the Magistrates Letter to the Chief Justice, will 
shew the Coroners disappointment, as well as that of my own ex- 
pectations, when I wrote your Honour as above, respecting the 
speedy removal of the Prisoners to Philadelphia; We are most sin- 
cerely anxious and deeply affected why a punctual compliance with 
your Honour's Orders, and the Warrant of the Chief Justice, in 
regard of sending Stump to Philadelphia for Examination, &ca., 
should meet with any appearance of reluctance or disobedience 
upon our Parts, which is far from facts, but the Truth is humbly 
rested in your Honour's confidence, that by certain means an Alarm 
is raised in the Minds of many, touching their Priviledges in this 
and in any future case, which they alledge would be iufiioged by 
this Measure, as they take it for granted, that these Men would not be 
remanded for Tryal to the County where the Fact was committed, 
but the whole Process carried through at Philadelphia, and these 
Opinions and uneasiness I understand, are founded chiefly on the 
Judgment of some Person supposed to be learned in the Law, so 
that on the whole, we have not had it in our Power to do otherwise 
than we have done, without a manifest Risque of complicated 
Evil, as wijl more fully appear by the Letter now sent the Chief 
Justice; The Sentiments of the Magistrates expressed in that Let- 
ter, as they respect the Safety of the Prisoners here, and desire of 
the People that Justice may be distributed to them, I think you 
may fully rely on, and also upon any thing in our Power to do in 
aiding the Sheriff, should the sending down of these unhappy men 
be thought indispensible ; I have not rested from this affair since 
last Saturday at one O'Clock, and ought now to have been in Town 
had not these Troubles arose. 

"J. A." 



UQ MINUTES OF THE 



At a Council held at Philadelphia^ on Wednesday 3d February, 
1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

Richard Peters, Benjamin Chew, > -p 

William Logan, James Tilghman, 3 ' ^ 

The Letter from John Armstrong, Escpire, of the 24th Ultimo, 
was read, and the Governor, by the advice of the Board, returned 
the following Answer thereto, which was immediately dispatched, 
with the Letters wrote yesterday to the Sheriffs, by an Express : 

'' Philadelphia, 3d February, 1768. 
" Sir : 

" The moment I received your Letters of the 24th and 28th 
Ultimo, I was sending off an Express to your Sheriff, with positive 
Orders to bring the Bodies of Frederick Stump and his servant, 
Ironcutter, to the Verge of your County, and deliver them to the 
Sheriff' of Lancaster, that they may be conveyed forthwith, agreea- 
ble to the Chief Justice's Warrant, to this City for Examination. 
I find no reason, from your Letter, to countermand the above 
Order, and therefore expect that absolute Obedience be paid to it. 
Time will not, at present, admit of my saying more on this Occa- 
sion, than that I am astonished at the impertinent insolence of those 
who have taken upon them to Suggest or even to suppose that the 
Government or Judges intended to do so illegal an Act as to Try 
the Prisoners in any other County or place than where the Fact was 
committed ; and that, if the inferior Officers of Government are 
with Liipuuity suffered to controul or counteract the Proceedings of 
their Superiors, there will not only be an end of all Subordination 
and Order, but of Government itself. 

'* I am. Sir, your most Obedient, 
" humble Servant, 

" JOHN PENN. 

''To John Armstrong, Esquire, at Carlisle." 

The Bill for the relief of the Poor, with the Assembly's Answer 
to the Governor's Amendments, were considered, and the Secretary 
directed to return the Bill to the House, with the following Reply, 
viz'- : 

" The Governor adheres to his 11th, 12th, 15th, & 16th Amend- 
ments." 

The Bill entituled " An Act to continue An Act entituled ' Aa 
Act for laying a Duty on Negroe and Mulatto Slaves imported into 
this Province,' " was read, and the Board having no Objection 
thereto, it was ordered to be returned to the House with the Gov- 
ernor's Assent. 



PROVINCIAL COUNCIL. 447 

The Governor laid before the Board a Message he received last 
Night from the Assembly, which was read, and is as follows, viz' : 

A Message to the Governor from the AssembJi/. 

" May it please your Honour: 

*' We are obliged to you for laying before the House the Accounts 
you have received relating to the unprovoked Massacre of the In- 
dians on Middle Creek. The Intelligence you have given us of the 
Murderers being apprehended, affords us great Satisfaction, but we 
cannot help being surprized at the Rash and insolent Conduct of 
some of the inferiour magistrates in Cumberland, (which appears 
from their own Letters), in Combining to disobey the King's Pro- 
cess. Instead of permitting the Sheriif to bring down the Offenders 
to this City, as by the Warrant expressly commanded, they have 
presumed to commit them to Carlisle Gaol, and thereby prevented 
his obeying the Precept. 

" No motives whatever, we conceive, can Justify or Countenance 
those Gentlemen in not only thus Superceding the Process of the 
chief Justice, but acting in open Contempt of your Orders. We, 
therefore, think it our duty to press your Honour to take the most 
effectual Measures to enforce an immediate and punctual Obedience 
to the King's Writ, and to call the Magistrates to account for their 
extraordinary behaviour, and should they be incapable of giving 
you Satisfaction in that Point, to remove them from their Offices. 
Nor do we think the Neglect of Duty in the Sheriff and Coroner of 
the County, should pass unnoticed, for should such a daring Insult 
on the Powers of Government be permitted, by those who ought to 
support them, to go unpunished, or at least unaccounted for, it can- 
not fail in the end to involve the Province in confusion, and Sub- 
vert all order and Authority. 

"Signed by Order of the House, 

''JOSEPH GALLOWAY, Speaker. 

"February 2d, 1768. 



The Bill entituled "An Act for ineorporatin'g the Society known 
by the name and Stile of the Philadelphia Contributionship for the 
Insuring Houses, &c''" was then read and agreed to, and returned to 
the Assembly with the Governor's Assent. 

Then was read the Bill entituled " An Act for raising by way of 
Lottery, the Sum of £5,2;. 0, for the purchasing a public Landing; 
&c*'" which was referred to a future Consideration. 



448 MINUTES OF THE 

Council Chamber, 1 o' Clock, P. M. 

A Committee of two Mem.bers of Assembly having this forenoon 
waited on the Governor with a Message from the House, requesting 
His Honour would be pleased to appoint a time for passing the Bill 
for removing the People settled on the Indian Lands, and his Hon- 
our having appointed to receive the House for that purpose, at this 
Hour, sent them a Message by the Secretary, requiring their attend- 
ance in the Council Chamber. 

The House accordingly attended, and the Speaker presented to 
the Governor the Bill entituled " An Act to remove the Persons 
now Settled, and to prevent others from Settling on any Lauds in 
this Province not purchased of the Indians," which His Honour 
enacted into a Law, and appointed a member of Council to accom- 
pany a Member of the House to see the Seal affixed thereto, aud to 
deposit the Law in the Rolls Office. 



Eodem die, 2 o'CIock, P. M. 

An Express arrived with Letters to the Governor from Edward 
Shippen and John Armstrong, Esquires, with the disagreeable Ac- 
count of the Rescue of Frederick Stump and his Servant, out of the 
Gaol at Carlisle on the 29th Ultimo, by a party of Armed Men. 
His Honour immediately sent the said Letters to the Assembly for 
their perusal, the latter of which was ordered to be entered upon 
the Minutes of Council, and is as follows, viz'': 

A Letter to the Governor frovi John Armstrong . 

" Carlisle, 29th January, 1768. 
<' Honoured Sir : 

" In this Perturbation of Mind, I cannot write, but in real dis- 
tress, only inform your Honour that we are deceived and disgraced 
at once ; for about ten o'CIock this Morning, to the Number of 
Seventy or Eighty Men, under Arms, surrounded our Gaol, when 
a Number of them, unknown to the Magistrates, I must say, ap- 
pears to have had but too ready entrance into the Dungeon, and in 
less than ten Minutes time they carried off Stump and his Servant, 
in open Triumph, and violation of the Law. 

" The few magistrates that were present, Messieurs Miller, Lyon, 
and myself, have, I hope, obviously enough done our Duty, but 
whilst we were engaged at the Prison Door exerting ourselves both 
by Force and Argument, a Party, utterly without our knowledge, 
was in the Dungeon, of which we were not acquainted either by the 
Jaylor or any other Person, who, before we were Aware, had the 
Prisoners in the open Street, where we were unable to make farther 
opposition, and gone in less than a Second. 



FEGVINCIAL COUNCIL. 44S 

'■'Thf; Jaylor says tlia-t a Pistol was held at kis Breast, and this 
is all we can at present say of that Circumstance. 

'' These Rioters give as Reasons Of their^onduct, that' the Pri- 
soners were to be carried to Philadelphia lor Tryal; thai a number 
of White Men have been killed by the ledians since the Peace, and 
the Indians have not been brought to Justice, &e'' &c^ 

"At preseEt we know not what Step to take for the best, and beg 
to be favoured with your Ploneur's-fiirther Instructions. 

" I have wrote in the presence of the two Magistrates m'entiiDtied 
above, and aia 

" Yi3ur HoEGur'e most obedient humble Servant, 

" J<JHN ARMSTRONG. 

" P. S. the bearer, Mr. CuEniqgha'ai, is aprudeEt ¥ouiig Mac, 
icnows the State of these things, & may be depended on in any 
'Questions year Honou.r or the Chief Justice aiay tfciak proper to 
•ask." 



At a Council held at Philadelphia, en'Wednesday'Sd Febr-aaryj 
1768, at € e' Clock, P. M. 

present: 

The H&nourable J"OHN PENN, Esquire, Lieuteaant G-over- 
cor, &c'^ 

Benjamin Chew, ^ j] j^^g 
James Tilghman, ^ ^ 

The Letter received this Afternoon from Jokn Arnstrong, Es- 
•quire, was read, and the Co^uucil desired the G-overnor to send im- 
mediately for Jn.mes Cunningham, who brought the said Letter, in 
order to take his Examination respecting the rescue of Frederick 
Stump and John Ironcutter, but the Secretary immediately after- 
•wards appearing st tke Board, informed thefn that he had j-ast beea 
with Mr. Cunniughaiii, and while he was conversing with him, the 
•Serjeant at Arms came with an Ordor from the Assembly requiring 
him to appear before the House, to be examined, and that he was 
accordingly gone to them ; Whereupon, it was Ordered, that he should 
b.a.NQ uetice to appear at the Council to-morrow Morniag. 



WOL. IX. — t; 



4bi^ ' MIlTfJTES OF THS 



At a Council iield' at PijHa^el'phb- on Tburedafy 4' FeferassTj-j, 

1768. 

?E'ESEI<fT : 

The Honourable JOHN PE.N2^;> Esquire^^ LSeiitonant Gove^aor^. 
&ca. 

The Hono«.ra.Me James Hamiltoa, Eisquire. 
William Lcgan^ Hieiiard Peca, > -^ 

EenjaminChew, James Tilghman, y ^ 

Mr. Janjes Cuntiing'liaHi from' Carlble Ibeicg aenit for by Gtder of" 
it e Go Tern or, appeared at die Board, and was immediately examined^ 
with regard to what be knew coaceraing tlie Kesc^ie of F?eaenck 
Stump and John' Ironeutter fram the Saol at Sarliale;. and his De- 
position T/as takea and la as follows r 

"The Deposition of Ja>mes Cunninghars, of Lancaster Count'y^ 
eonecrning the Rescue of Frederick StMcp & Job.n. Ironcatter, hom 
Ahe Gaol at Ca/vlisle. 

" JamePj Canningbarn, of Lancaster Sountj, Farraer^. bein'^r 
Sworn on the Holy Evangelisi:s of Almighty God, deposeth and 
sajtb, t'Aat OBi Friday the Twent^y-NJiit^ day of January last;, 
about Nine or Ten o' Clock in the Forenoon, as he was sitting 9.t 
&-eal.frjSt -with John Arn^stcong, Esa,ulre, ia the Town of Carlisle^ 
in the County oi* Cacaberland; he was surpnized to see a a^mber of" 
Armed' Men surrounding on a sudden the publis Gaol in the saidi 
Town; the He and the said John Armstrong, appreliending that the- 
said Coiapany were Gome with an Intention to Rescue fronr the said. 
Gaol a certain Fredeiiek 8tmnp and John Ironeutte?, who' were con- 
fined there for the Marder of a namber of Indians, they both In- 
staatly Ran to the said G^aol ia osd'er Jo pre vent if possible the ezecu- 
tion of so ^'/icked and illegal a Design. That when, they got up tO' 
the Gaol,, the said Jahn Armstrong made his way tbroitgh a numhsr 
of Armed Men^ who stood before the Door of the said G-iol, which 
was open, i^nd Guarded by four Men, who stood within tii? Door 
witb Arms in their Hands : that the sajid Armstrong and John 
Holmes, high SheriiTof the said Ceuntyp. both attempted to go iato- 
the I>oor_y of the Gaol, but were several times pushed back and pre- 
yeniedj that as tfeie sttid John Armstrong stood on tlhe Steps under 
the Door be addressed' hiimsslf frequently to the AiimesJ Corapany 
"Tybo were about him, aod i:sed ssauy argymests- to persuade them- 
to ilesisi frojH their Lawless randertakjngj. and told tbejM, among 
olber thiags^ tltot they were p.bomt to do an Aet •wbieh would sub- 
ject thcui'&elves and Iheii Country ijo Mise?y, That while ths said 
Armstrong was spealsing, ^his Deponent saw one of the Armed men 
•take hold of bim and draw him down 'lihe said Steps, upon which 
the said Amaastrong by Tiolence pushed back tliie Person who had 
fbfsM of hiiiij aod sggaiaed his Staad oa tha said Stejis, saying at th*- 



PROVINCIAL COWNCIL. 45^1 

same time, tliat they should take his Lifo before thej should rescue 
the Prisoners. This Deponent further saith, that while the said 
John Armstrong, and Robert Miller and William Lyon, Esquire, 
and the Reverend John Steel, who had joined the said Armstrong, 
were endeavoring to disperse the said Company, several other Arm- 
ed Men appeared within side the sai^ Gaol, to the very great sur- 
prize of every one, with the two Prisoners above mentioned in their 
Possession, whom they brought forward, and after pushiug the said 
Armstrong, Miller, Lyons, Steel, Holmes, and this Deponent, by 
Violence, and crowding from before the said Gaol Door, carried them 
off with Shouts and Rejoicing, and immediately left the Town. — 
This Deponent further saith that he cannot with certainty declare 
what numbers were in the Company which made the said Rescue, 
but that from the best Judgment he could form, they were Seventy 
or Eighty, all Armed with Guns and some Tomahocks. This Deponent 
further saith on his solemn Oath, that he does not know, nor has 
any Personal knowledge of any one of the Persons he saw in the 
said Armed Company concerned in the said Rescue, and that after 
the said Company had left the Town, the Reverend Mr. Steel came 
to the said John Armstrong and William Lyons and John Holmes, 
and informed them that the said Rescuers desired they would come 
to and confer with them at the Plantation of John Davis, to come 
to some Terms with them. That the said three last mentioned Per- 
sons immediately mounted their Horses and went towards the said 
Davis's, but informed this Deponent on their Return, that the said 
Company had altered their Resolution and had gone on without 
waiting for them, and further saith not. 

"JAMES CUNNINGHAM." 
"Taken and Sworn before the Governor and Council at Phila- 
delphia, before me, Recorder of the City, February the 4th, 1768. 
"BENJAMIN CHEW, Recorder." 

The Council took this important Matter into their most serious 
Consideration, and advised the Governor to send immediate Instruc- 
tions to John Armstrong, Esquire, and the other Magistrates of 
Cumberland County, with regard to the measures most expedient 
to be pursued by them on this interesting occasion, for regaining 
the Prisoners that have been rescued, and bringing them and the 
Rioters to Justice. 

Accordingly a Letter of Instructions, agreeable to the Sentiments 
of the Board, was drawn at the Table, and dispatched by ExpreSii 
to Carlisle, which Letter follows in these words, viz'- : 

J2 Letter from the Governor to John Armstrong, Esquire. 

" Philadelphia, 4th February, 1768. 
" Sir : 

" The information given in yours of the 29th Ultimo, of the 
Rescue of Frederick Stump and his Servant, gives me the greatest 



452 MINUTES OF THE 

concern, and is truly Alarming. Perhaps, if the Magistracy of 
your County had not indiscreetly (to say no more) interposed when 
the Sheritr was ready to proceed with the Prisoners to Philadelphia, 
this event, so full of mischievous Consequences, had not happened. 
However, since Matters have j|0 unluckily fallen out, the best is to 
he done which the Exigency of the Case requires, and the most 
probable methods of regaining the Custody of the Prisoners, are now 
to be pursued. If the People who have gone into this rash and wicked 
St(;p, were actuated by the Principles they professed, of preserving 
their llights rather than those of screening the Prisoners from the 
hands of Justice, they will certainly be ready to deliver them up, when 
they can be satisfied that they will receive their Tryals in the County 
where the Offences were committed. You will therefore, in the first 
place, try the expedient of assuring these People (if it can be known 
who they are) that the Government never entertained the least 
thought of so illegal an Act as trying them out of the proper County, 
and that they were ordered down to Philadelphia that the Chief 
Justice himself might have the Examination of them in a mat- 
ter of such Consequence, and that they might there be out of 
the Ueach of any attempts to rescue them, which their Friends 
or Abettors might be disposed to make, till the Time of their Trial. 
If, upon this assurance, they will retake the Prisoners or deliver 
them up, it will go a good way towards convincing me and all others, 
that they, upon a mistaken Notion, took this exceeding Rash, tho' 
most unwarrantable step, to prevent an Invasion of their Eights. If 
this measure should fail of the desired effect, and these People 
should persist in refusing to deliver up the Prisoners, or if they 
have already permitted their Escape, you are, after waiting a reas- 
onable time for the Results, to proceed immediately in the most 
active and vigorous manner, as well for apprehending the Prisonera 
who have been rescued as to procure Testimony on which to found 
legal Charges against the Rioters, (many of whom, it is more than 
probable, you and those other Magistrates who were present with 
you and were Witnesses of the whole Transaction personally knew), 
for this most daring Insult upon the Laws of the Country ; and 
with the Assistance of the other Magistrates, you are to call before 
you all such Witnesses as you may think can give any Information 
of the np.mes of the Hioters, and to take their Examinations, and 
to issue Warrants for apprehending and securing them, and upon 
every Occasion which you may think requires it, you are to dispatch 
Expresses informing me of any material Occurrence, that I may 
take the measures which I may think necessary; And particularly, 
you are to dispatch an Express immediately with the answer which 
the Rioters may give to the Assurance which you are above in- 
structed to make them. I must press you and the other Magis- 
trates, in the most earnest manner, that upon this important Occa- 
sion, you exert the utmost Assiduity, Vigour and Activity in your 
Power, least a failure of Success in our Endeavours to bring the 



PROVINCIAL COUNCIL. 453 

Prisoners to Justice, should involve the Frontier Inhabitants in the 
dreadful Eifocts of an Indian War. 
'* I am, Sir, 

" Your most Obedient 

'< humble Servant, 

'^ JOHN PENN. 
" To John Armstrong, Esquire, at Carlisle." 

The Lottery Bill vras again considered and referred to a future 
Consideration. 

The Secretary presented to the Board a Letter which ha received 
from Captain William Patterson, acquainting him with his appre- 
hending Frederick Stump and John Ironcutter, and delivering them 
to the Sherijff of Cumberland, and inclosing a Message he had sent 
to the Indians at the great Island, which were ordered to be en- 
tered on the Minutes of Council, and are as follow, viz'- : 

•5 Letter from Captain William Patterson to the Secretary/. 

Carlisle, 23d January, 1768. 
" Dear Sir : 

"The 21st instant I marched a Party of nineteen Men to George 
•Gabriel's House at Penn's Creek's mouth, and made Prisoners 
Frederick Stump, and John Ironcutter, who were suspected to have 
murdered Ten of our Friend Indians near Fort Augusta, and I have 
this Day delivered them to Mr. Holmes at Carlisle G-aol. 

"Yesterday I sent a person to the Great Island, that understands 
the Indian Language, with a Talk, a Copy of which is inclosed. 
Myself and Party were exposed to great Danger by the desperate 
Resistance made by Stump and his Friends, who sidnd with him. 
The steps I have taken, I flatter myself, will not be disapproved of 
by the Gentlemen in Government, my sole View being directed 
to the Service of the Frontiers, before I heard his Honour the 
Governor's Orders ; The Message I have sent to the Indians, I 
hope will not be deemed assuming any Authority of my own, as 
you are very sensible I am no stranger to the Indians and their 
Customs. 

" I am, with Respect, 

" Your most Obedient humble Servant 

" W. PATTERSON. 

"Joseph Shippen, Esquire." 

Here follows the Talk sent by Captain William Patterson to the 
Indians at the Great Island : 

" Brothers of the Six Nations, Delawares, and other Inhabit mts 
of the West Branch of Susquehanna, hear what I have to say to 
you : 



454 MINUTES OF THE 

" With a heart swelled with Grief, I have to iaform you that 
I''rederi(-k Stump and John Ironcutter have unadvisedly murdered 
Ten of our Friend Indians near Fort Augusta; The Inhabitants of 
Pennsylvania do disapprove of the said Stump and Ironcutter's 
Conduct, and as proof thereof, I have taken them Prisoners, and 
will deliver them into the Custody of Officers that will keep them 
Ironed in Prison for Trial, and I make no doubt as many of them 
as are guilty will be condemned and die for the Offence. 
" Brothers : 

" I being truly sensible of the Injury done you, I only add these 
few Words with my Heart's wish, that you may not rashly let go 
the fast hold of our Chain of Friendship, for the ill conduct of 
one of our bad men. Believe me, Brothers, we English-Men con- 
tinue the Same Love for you that hath usually subsisted between 
our Grandfathers, and I desire you to call at Fort Augusta to 
Trade with our People there for the necessaries you stand in need 
of. I pledge you my word that no White man there shall molest 
any of you, whilst you behave as Friends. I shall not Best by 
night or Day untill I receive your Answer. 

" Your Friend and Brother, 

"W. PATTERSON. 

"Juniata, January 22d, 1708.'^ 



Friday 5th February, 17G8, A. M. 

MEMORANDUM. 

A Committee of two Members of Assembly waited on the Gov- 
ernor and delivered him the following written Message, and at the 
same time acquainted him that the House requested His Honour 
would again let them have the Perusal of Colonel Armstrong's last 
Letter, which was accordingly sent to them. 

./? Message to the Governor from the Assemlli^. 

"May it please your Honour: 

•' 'rhe first Intelligence received by this House of the Persons 
settling on the Indian Lands within the Bounds of this Province, 
was communicated in your Message of January the 5th, and his 
Excellency General Gage's Letter. The Removal of these 
obstinate People, who have violated the Faith of Treaties and dis- 
regarded His Majesty's Proclamation, appeared to us so absolutely 
necessary to the Safety of the Colony, that we Complied with all 
possible dispatch with the Measures recommended by the General 
for that Purpose, and we are pleased this part of our Conduct has 
met with your approbation ; but at the same time, it gives us much 
Concern to find that, in another Respect, we do not seem to have 
been so fortunate. 



PaOVf NG'IAL COUNCIL. '&5i 

'"'"Frwi. gocd lafernaafciou V7e wore convioijed tli&t fcte Wr^aroug 
5fass:icre coiEBiitted oa the Indians at Cojaesiogo and Laoeaster, 
vivas one of the Cavses of tbe lEdiaa diseoatent. To remove wfeicli, 
^cy satdsfying the Natives of the Justice of tJie Go^zerameat, aud t® 
>su.pf:or£ that Authority v/hich ctn aloEe ensure Safety to the Peojole,; 
hj deterriag the Wicked from the Perpetration of the like heinous 
(Qffervcee, we ititreated your RouoTir '^ that diligent a,ud speedj^ In- 
•qtisitJOE should be Eiade after the Atpocicus Gffeuders.' la An- 
i^wer to whick, you are pleased 'to tell us that in your Station joix 
'Coneeiva Eothing aiore eaa be done witkw.t doing &u Aet of Violence 
to the ConGtitution, v?hich coiaciite the immediate Admialstntfoa 
-of /uities te tke Mpgistracy-' We well knew that the iaiii5.ediate 
Admiuistration of Justice by the Coestitutioa is veffcedm the Ma- 
gifitracj', and ws assure your Konoar that you are not mistakea in 
jhinking ' that we are the las':'} Persous who would advise you ta 
extend your Power in any Case beyond the Bot-nds preeeribed 
'by Law.' But, vzhile Y:e wish <to ha^e yoKir Authority properly <50q- 
i£ned, we should be wanting in our duty to tie Peo^nlef if ■we were 
.not equally desiroas to see it ecert^-d to its legal Extent, wheuever 
itkeir Security desian^is it, which weave pe.rsuadeS..kas not beeu done 
on this iiKpart&nt'Oecasion. Murders have boec long sin=^e committed 
and the QffoEders are not yet apprehended, nor, f-s we have evar un- 
derstood, has a single Warrant been issued for the Purpose. Murders 
;fer|)etrated at Moccday, ia a pcpuloue Borough, before a IN umber 
■of Spectators; and yet, ac 'tis -said, the Namee of ths Crimiaals 
remaJjn cnd:scoi7<s-ed. There it a nie>aifeGt fsiilure of Justice some- 
op? here. .Frem whence can it arise? Not from the Laws. They 
a,re ad-aqEate to the Ofence. It.miist then be either from a Dclxlitj 
'Zr ieexcesable neglect in .the EEecctive part of Government te put 
.those Laws in esscutioa. And we hope your HoEour will escuse 
(US when we say that it is the .peeuliar Jp'roYisce of a Eule?, an<£ 
without * ¥iolecce to ^tte Ccnstitution,"' he isay aed ought to super- 
intend tlKJ AdoiinietratioE of the Laws, so far at least as to see that 
«the Magistracy faithfully dischaiTge their Euty, a.nd t/3 reuaove Ifoose 
who a/PC neglectful thereof. 

'' lliit you are pleased to tell i:s that ^yoi-. did acre lose & Elements 
'Time in Writing to the Magistrates of Lancaster, York, and Cuni- 
berlaiad, cemniandicg tteui to iise their uci£Ost Endeavours to dis- 
Acover and apprehend thf Offenders ; and by yeur Proelamation high. 
Rewards were offered to those who should make such Dicceveries.' 
■'Thue much wet elieve was done, and noip.ore. But, were Eot those 
Letters altogether disregarded, and your Proelareation treated witt 
the utnaost contempt.'^ For, did eien those Magistratec who resi- 
ded in the Be>rough at that Time, issue a Subpoena, or send for a 
Persoc among the numerous Spectators, t3 give informaticn-of tke'Ot 
fenders.? Was the Sheriff, then dwelling in the Borough, and whose 
particular Duty shou'd have led hini to have given Opposition to the 
iorrid Act, orihe Wori-house Keeper, under whose care the uniisppj 



■ 45B . MINUTES OF THS 

Tietims were placed: 'by the Magistrates, ever exarained, or ealle^ 
on to discover them ? Or has an Inq-dest been held on the BodieS;^ 
®r t^e least Judicial Enquiry made by the Coroner into the GausCj, 
or after the AiitboTS of this unfortunate Catastrophe ? And, al- 
though there was a Number of Hia Majesty's Troops Qiiartcred in 
the Borough at this very Tirae;, ready to lend their Assistaace, did 
the Officers of Justice call oii them to give their Aid in protecting 
ihe miserable Safferers ? Under these Circara stances^ caa it ap- 
peivr possible tO' a yatioaal Mind, if the Magistrates had eaerted 
their Authority when the OiTeneewas Committed, or at any Time- 
since, that the Perpetrators of so flagsan^ a Crime, in so public a 
MsBser, c<i>u''d remain ucdiseoye^fed, and Elude the Efforts of Jus- 
tice ? 

"Your Ilon&ur adds, ' that every Measure Tvas taken; by yon on . 
that Melancholy occasion -which the Law would Warrant/ You 
wrote Letters, indee-d, and issued a Prociamatie'n ; but, vre appre- 
Isend, on an Occasion so Interesting to the Public Safety and Ptcpu- 
tation of the Government, more might, and ought to have been 
d'oae. The Assembly;, then Sitting, requested that you would ' or- 
der the Sherifi", Coroner, and Magistiates of the Borough to eome 
down and give you the best Information that could be obtained of 
the Persons concerned in these violences/ Were those OSsers 
ever called on ts give you the ' Information,' or 2o Account for 
their indolent Conduct ? If they were, did they ever assign good 
and sufficient Reasons in their Justification ? And if they did not, 
should not they have been iraajediately removed froEu those places 
of publi&k Trust which they have so greatly abused, and laore 
worthy MeQ placed in their Stations ? Thus far, at least, the ' Law' 
would have ' warranted' your Conduct, nor would you have bceo 
justly chargeable with not having performed yo'ur IXity, or ' doing 
an Act of Violence to the Constitution/ 

"We lament with your HonOiir, 'tha.t the Measures 3i'ou pu?sue(J 
to djficover the Otfeiiders were not attended with Success ;' but we 
cannot think that it was owing so mueh to a want of 'Yirtwe or 
Resolution^ in the People, as to a Neglect of Duty in the Officers 
of Government. Many motives might induce the former to be ia- 
aetive, and very probably the uaparalleled laaetivity of the Magis- 
trates was not the least ; But nothing ou^ht or can vindicate the • 
latter, who were under the mosi solemn Obligations for the Fisr- 
formnnce of their Trust, 

"Your Hor.-our is pleased farther to ol>3erv8, that ' th& Orders you 
then gave, and the Rewards oifered, were not Mrdited ts any Time, 
but still carry with thera the sanie Obligations and Inducements 
they ever had/ The Contempt with which your Prochuiations were 
treated, without the least Notice taken of that Treatment, and the 
unpardonable Disobe^Jience in the Magistracy to those Orders ever 
since, convince us of the Truth of your Assertion, and yet could 
we be so iiappy as to persuade you to exert your Po"S7er and In- 



PROVINCIAL COUNCIL. 457 

fluence with the Magistracy, who hold their Commissions during 
your Pleasure, by commanding them to send for and examine the 
Witnesses who were present at the bloody Scene, and at the same 
Time inform them that nothing less than a faithful discharge of 
their Duty should skreen them from your Resentment, and secure 
to them a continuance in their Offices; and moreover, to renew your 
Proclamation, oiFering a generous Reward of not less than Five 
Hundred Pounds to the Informers, which this House will most 
chearfully enable you to pay, and assure them of your Protection, 
we have not the least Doubt but that those Murderers will be dis- 
covered and apprehended. 

" We trust your Honour will not think us too importunate iu 
this momentous Affair, in which we conceive the future safety of the 
People and the Honour of the Government are most intimately 
concerned, for you will be pleased to consider of how much Con- 
sequence to both it is that the Authors of Crimes of so black a dye 
should be strictly punished. It is in all Probability owing to the 
Encouragement arising from the Impunity with which these Crimi- 
nals have been permitted to escape, that the subsequent Murders 
in this Province have been committed. Had exemplary Punish- 
ment been inflicted on the Offenders in the first Instance, it is 
more than probable that the Transgressors in the second would have 
been deterred from the Perpetration of the like Offences. But, 
should Men who bid Defiance to the executive Powers of Govern- 
ment, and so audaciously trampled on its Authority, be allowed to 
remain in the Province longer, unpunished. We are very appre- 
hensive that the Persons of the Inhabitants will not be safe frona 
their violent Attempts, the Transition being easy from the Murder 
of Indians under the Protection of the Government, to the Murder 
of the Subject; nor will the Colony be secured from the Calami- 
tics attending a War with the Natives, occasioned by these repeated 
Insults offered to the Persons of their People. 

Besides, it is undoubtedly the soundest Policy to do Justice to 
the Indians, without which the Government can never, with any 
Propriety, demand a Satisfaction from them for the Murders we 
have reason to believe they have lately committed on several of our 
People ; it therefore behooves the Government to exert itself in a 
Matter so interesting to the Province, and having done that Right 
to the Indians which they expect from us, we request your Honour 
would take the necessary Steps to obtain the like Justice from them 
for the Outrages they have committed in violation of the Treaties 
of Friendship subsisting between us. 

'< We are obliged to the Governor for his Intention ' to take the 
earliest Opportunity of communicating our Sentiments to his Ex- 
cellency General Gage and Sir William Johnson,' relative to the 
Boundary, but at the same time, we beg leave to assure you that we 
never entertained the least Thought that it was 'owing to those wor- 
thy Gentlemen, that this Cause of Complaint and Uneasiness m the 



458 MINUTES OF THE 

ladians has not been long ago removed.' And we hope there 
is nothiug iu our Message that could give you any Reason to sus- 
pect it. On the contrary, the steady and uniform Attention ever 
discovered by them to the Peace and Safety of the Colonies, con- 
vince us that nothing in their Power has been or will be wanting to 
remove every Foundation of Indian Discontent. 
''Signed by Order of the House, 

" JOSEPH GALLOWAY, Speaker. 
" February 5th, 1768." 



Eodem die, P. M. 

Two Members of Assembly presented to the Governor a written 
Message from the House, in the following Words, viz*' : 

A Message to the Governor from the Assemhli/. 

" May it please your Honour : 

" We have taken into our Consideration the Letters laid before 
us, giving an Account of the Rescue of Frederick Stump and his 
Servant from the Goal of Cumberland County, who were appre- 
hended for the Murder of the Indians on Middle Creek. This 
further audacious Insult on the Authority of the Government, can- 
not but eifect us with the deepest Concern, as it increases the 
melancholy Prospect of future Insecurity to the Lives and Estates 
of the People of this Province. 

" In order, therefore, to our immediate Deliberation on this im- 
portant Suliject, we request your Honour would be pleased to com- 
municate to us the Steps you have taken in Consequence of these 
lawless and riotous Proceedings ; And we assure your Honour, no 
Aid in the Power of this branch of the Legislature shall be want- 
ing to enable you to execute the Laws, and restore the sinking 
Authority of the Government. 

" Signed by order of the House. 

" JOSEPH GALLOWAY, S2^eaker. 

« February 5th, 1768." 



PROVINCIAL COUNCIL. 459 



At a Council held at Philadelphia, on Monday 8 February, 

1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &c*- 

James Hamilton, Lynford Lardner, ") 

William Logan, Richard Peun, ^Esquires. 

Benjamin Chew, James Tilghman, ) 

The Consideration of the Lottery Bill was resumed, and the 
Board advised the Governor to amend the same by Naming two 
Persons as Managers, in Addition to those mentioned in the Bill, as 
well to preserve his right of a share in the Nomination of Officers 
appointed by Law, as because it was judged that the Number of 
Managers Named in the Bill is too small. The said Amendment 
was accordingly made by inserting the Names of John Gibson and 
Thomas Bond, Junior, and ordered to be sent to the House with 
the Bill. 

The Assembly's first Message of the 5th Instant, was then read 
and taken into Consideration, and a Draught of an Answer thereto 
having been prepared, was laid before the Board, which, after some 
Alterations, was approved, and ordered to be transcribed, and 
carried to the House. The said Message follows in these words, 
viz'- ; 

A Message from tJie Governor to the Assembly. 

"Gentlemen : 

" From a Sense of the great Inconvenience attending Differences 
between the Branches of a Legislative Body, I have, ever since I 
had the Honour to preside in this Government, carefully avoided 
doing any thing to interrupt a good LTnderstanding with the As- 
semblies of this Province; And it is not without great Concern, 
Gentlemen, I am now reduced to the Necessity of telling you, that 
the Strain of your Message of the 5th Instant is not only indecent 
and unbecoming, but indicates a spirit prevailing among you very 
ill suited to the present critical Situation of our public Affairs, 
which particularly demands Unanimity in our Councils, and the 
joint Exercise of the greatest Wisdom and Prudence. 

"The averting an Indian War, and the sad Effects of it, were 
agreed to be our Piiucipal Object at the opening of this Session. 
I laid before you the Causes of Indian Discontents, communicated 
to me by Letters from His Excellency General Gage and Sir Wil- 
liam Johnson, in order that adequate legal Remedies might be 
applied to remove them. 

" The two only Causes of Complaint I find mentioned in these 
Letters, are the Intrusion of our l^eople ou the Indian Lands, * not 



460 MINUTES OF THE 

only without their Consent, but in Contradiction to their warmest 
Remonstrances, and the Endeavours that have been used to remove 
them, and the Insults and Hostile Acts they have received from the 
Frontier People, chiefly from those of Virginia.' Yet not content 
with the Causes pointed out by those Gentlemen, who are certainly 
best acquainted with Indian Affairs, you proceeded, it seems, to in- 
vestigate others. I would charitably hope that these Inquiries 
were not taken up, rather with a View to distract our Councils than 
to remove the present Causes of Indian Dissatisfactions. 

''The murder of the Indians at Lancaster, in the Year 1763, (of 
which no Man has a greater Detestation than myself) was iusisted 
on in your Message of the 13th of January as one of the principal 
Causes of the present Discontent among the Indians. I must 
confess I am at a loss to conjecture on what Intelligouce you found 
your Opinion in this particular, but this I well know, that the six 
Nations, upon Sir William Johnson's laying before and explaining 
to them this Affair at my Eequest in the Year 1764, were so far 
satisfyed, that they received Belts from him on the occasion, and 
suffered him to cover the Graves of their deceased Brethren accor- 
ding to their Custom, since which I have never heard that they 
have expressed any Dissatisfaction to him on that Account; Ta- 
king it for granted, however, that this is one Cause of Indian complaint, 
you go on in your Message to advise my ordering speedy and dili- 
gent Inquisition to be made after those Murderers, from an opinion 
that the present Tranquility of the Province afforded a more fa- 
vourable opportunity of discovering and bringing tbera to Justice 
than the Tumultuous State of it at the Time of the Transaction ; 
Before I could answer that Message I received the Melancholy Ti- 
dings of the murder of the Indians on Middle Creek, committed 
by Frederick Stump and his Servant, the 10th of January ; This 
last inhuman Butchery, perpetrated at a Time when the minds of 
the Indians were already inflamed with the Injuries complained of in 
the above Letters, appeared very likely to be attended with immediate 
Acts of Hostility on their part ; My Duty, therefore, required that I 
should give that speedy and close attention to this unhappy Case which 
so important a matter demanded, to avert, if possible, the impend- 
ing Mischief; and I contented myself with returning a short An- 
swer to your first Message, letting you know in general what steps 
I had taken to discover and bring to Justice those who "had been 
concerned in the Lancaster Murders. The late audacious Rescue 
of Stump and his Servant, has involved us in new difficulties and 
Distress. Yet, in the midst of my Solicitude on these interesting 
Matters, and whilst I am earnestly engaged in taking the best mea- 
sures my own judgment or that of my Council can suggest, to ex- 
tricate the Public from these accumulated Evils, and to regain the 
Prisoners, which is most certainly the first Object and principal 
Concern, I am, it seems, called upon by you, in a Manner the 
most extraordinary, to vindicate myself; and as it were, arraigned 



PROVINCIAL COUNCIL. 461 

by you for neglecting the Duties of my Station, reliitive to the 
Murders committed upwards of four Years ago, And you again press 
upon ma Ihe issuing new Proclamations, offering higher rewards for 
apprehending the Authors of them. 

This Conduct of yours in my Opinion, Gentlemen, is not less un- 
kind and indecent towards me, than imprudent with respect to our 
present Pursuit, for Reasons which must occur to you on cool and 
dispassionate reflection, though they are such as are altogether im- 
proper to be made public at this particular Juncture. From Mo- 
tives founded on the Public good, I was induced to defer the 
giving you an immediate Answer to the Requisition made with re- 
gard to the Renewal of Inquiries after the Perpetrators of the Lan- 
caster Murder, and indeed to Postpone at last the Consideration of 
that Matter to a more proper Season. 

" Should ivbat I have said remove any Prejudices you may too 
precipitately have taken up against me in the Course of this Ses- 
sions, it v;ill give me Pleasure. Be that as it may, Gentlemen, I 
shall have that satisfaction which attends every man conscious of 
his own Integrity and good Intentions. I shall be glad of your 
Advice and Assistance vrhenever the Public Interest and the Exi- 
gency of Aft'airs require it, but at the same time I shall expect 
that you will not dictate to mo iu Matters which relate to the Ex- 
ecutive Powers of Government. 

"JOHN PENN. 

"February 8th, 1768." 

A Committee of two Members of Assembly presented to the 
Governor a Bill sent up by the House for his Concurrence, enti- 
tuled "An xlct for appropriating a Sum of Money for building the 
Middle House on the West side of the Barracks, in the Northern 
Liberties of the City of Philadelphia," which was read, and there 
being no Objection made to it, was ordered to be returned to the 
House with the Governor's Assent. 

The Governor, agreeable to the Request of the Assembly, made 
in their Message of the 5th Instant, directed the Secretary to make 
out Copies of his Letters of the 2d Instant, to the Sheriffs of Cum- 
berland, Lancaster, and Chester, and of the 3d and 4th Instants to 
John Armstrong, Esquire, containing the Steps he had thought ex- 
pedient to be pursued for the Regaining the Possession of Stump 
and Ironcutter, and to lay the same before the Assembly for their 
Perusal. 



Thursday 11th of February, 6 o'Clock, P. M. 

An Express returned from Carlisle with Letters to the Governor 
from Joha Armstrong, Esquire, and Mr. Holmes^, the Sheriff of 



:SS OP IHE 
Sijcssf^ M J I Ss«r yrrt ia£ roa recsj-rred ax 1^ 



iiTr ii?f<e M?x iiJiT-srsid 



^- _.>^.<i. 



OiKKx. :^ ;i;5i r"^ lias cc 



::&• 



PROVINCIAL COUNCIL. 463 

the benefit of that seasonable Protection and Relief they have always 
a right to expect, when their Aggrievanees are dutifully represented. 

" That the Sheriff and Magistrates here had sufficient Reason to 
fear a rescue of the Prisoners*, and other mischievous consequences 
on the Road, had they been sent off when we apprehended the River 
to have been passable, is beyond all doubt; for it is a matter of great 
Surpriz2 with what rapidity, and to what Extent this wild Spirit of 
Jealousy was carried abroad, and how many different Parties, as well 
out of this County as in it, were all intending the same Thing, 
namely : to prevent the Prisoners being carried to I'hiladelphia for 
Tryal,as their mistake led them to believe, notwithstanding we had 
not the least Suspicion that any would attempt to take them out of 
the County Goal, which they say they would by no means have 
done, but that they imagined we would Convey them off secretly by 
Night. 

" These Madmen, however, keep Stump and his Servant confined 
somewhere beyond the Mountains, but at what particular Place we 
have not yet heard, but think they are not yet out of Sherman's 
Valley, from whence we have still expectations of having them de- 
livered back to the Sheriff. 'Tis but natural for such as know not 
our unhappy Circumstances, to believe that the severest Measures 
ought, before this time, to have been taken, but permit me to as- 
sure Your Honour that none other than what has been taken, and 
what we are still engaged ia, could j'et have been attempted by us 
with any probability of Success. 

" Whilst this Letter lay unsealed, I was favoured with your Hon- 
our's very agreeable Instructions of the 4th Instant, which, though 
more mild than these Offenders had any reason to expect, yet per- 
fectly adapted to the present Circumstances, and will, very pro- 
babl}', produce the desired effect. I intend to set out to-Morrow 
Morning to cross the Mountains, and shall detain the second Ex- 
press, in order to carry down the Answer I shall receive from those 
Persons who at present detain Stump and his Servant, and am 
" Your Honour's faithful 

" and most humble Servant, 

"JOHN ARMSTRONG. 
" Governor Penn." 



A Letter to the Governor from Mr. Holmes, the Sheriff of Cumhcr- 
land Co'ty. 

" Carlisle, 7th Fcb^- 1768. 
" Please Your Honour : 

" Tho' I am very certain you will receive full Intelligence of the 
affair of Frederick Stump before this can reach you, yet as my Con- 
duct aqd Character are so much concerned; I pray your Honour 



464 MINUTES OF THE 

to received the following plain state of the Case, as all the vindica- 
tion I can offer of my Conduct. 

" James Galbraith, Esquire, brought to Carlisle and delivered to 
me the Chief Justice's VV arrant, on Saturday the twenty-third of 
January. Iiu mediately on the Receipt thereof, I summoned a 
Guard to attend me next day to go in quest of Stump, but that 
very Evening, Captain Patterson brought him with his Servant and 
delivered them to me. Next day I summoned a Guard to sett off 
with the Prisoners on Monday Morning, and accordingly my Guard 
attended at the Goal early, and I was just ready to set off in Obe- 
dience to the Chief Justice's Wairant, having the same Morning 
received a Letter from the Sheriff of Lancaster, who waited for me 
at John Harris's; Colonel Armstrong sent for me, and told me they 
had concluded to keep Stump and not to send him down. I alledged 
to him I was not obliged to obey any Orders of any Magistrate in 
Cumberland County, as I had the Chief Justice's Warrant to the 
contrary. But he insisted I should not take him off, but discharge 
my Guard, which I absolutely refused, whereupon the Colonel went 
to Goal and discharged my Guard, brought up the Prisoner, ex- 
amined him, and by mittimus, committed him, and wrote to some 
other Justices to attend in Carlisle on Wednesday. On Wednes- 
day, while said Justices were sitting in Council, a large Party, 
under Arms, came very near Carlisle and sent in Messengers to the 
Magistrates and me. Claiming that the Prisoners should be well 
used, and not sent to Philadelphia. Being Satisfied that they were 
properly used, and having been told that he was committed to our 
Goal, they dispersed. The Magistrates wrote a full Account to the 
Chief Justice, and I made free to acquaint him that I was 
ready to execute his Orders if he thought proper to call 
for the Prisoners ; being persuaded now we should meet 
with no farther Trouble from the Country, but on Friday 
the 29th, another large body of Armed Men, thought to be 
mostly the former, joined with a Party from Sheerman's Valley, on 
a sudden rushed into Town, and Marched up to the Goal, having 
sent a few without Arms, to appearance, before them, who went into 
Goal, and when the Company came up, seized the Prison, making 
the Goaler and his Family Prisoners. We laboured with the arm- 
ed Men to disperse, to offer no Violence, not Dreaming that any had 
got into the Prison, when unexpectedly they brought out Stump 
and made off. Mr. Steel at my Piequest followed to the Creek, 
about two miles from Town, but laboured with them in vain. On 
Sunday I called a Posse and set off early on Monday into Sheerman's 
Valley. Several Magistrates and most of the Principal Inhabitants 
of Carlisle and in the Country attended, but we neither could find 
out where they had concealed Stump, nor by any Arguments prevail 
with them to deliver him to us. Since this they wrote me, that 
they had concluded not to deliver him up, unless the Governor, Mr. 
Allen and other Gentlemen of note would oblige themselves that 
Stump should not be taken out of the County, 



PKOVINCIAL COUNCIL. 465 

" Please your Honour, I have given a plain and true Account of 
the Affair, and pray that I may not be considered as designing or 
acting in disobedience to the Chief Justice's Warrant, as I am per- 
suaded your Honour will plainly see. I purpose to set off into Sheer- 
man's Valley again to Morrow, and do what lies in my Power to 
have the Prisoners delivered up, tho' I fear that Infatuated People 
■will pay very little Eegard to any Endeavours. 
" I am, Your Honour's Most 

'' Obedient humble Servant, 

"JOHN HOLMES. 
"To the Hon""" John Penn, Esq"-' Lieut'- Governor, &ca., in 
Philadelphia." 



Friday Morning. 
The Governor sent Colonel Armstrong's Letter of the 7th Instant 
to the Assembly for their Perusal. 



At a Council held at Philadelphia, on Tuesday the 16th of Feb- 
ruary, 1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c'- 

William Logan, James Tilghman, ) 

•Richard Peters, Benjamin Chew, V Esquires. 

Lynford Lardner, . ) 

The Governor laid before the Boai'd two Bills sent up by the 
Assembly this Morning for His Honour's Concurrence, entituled "An 
Act for Regulating the Fishery in the River Brandy wine," and "An 
Act for raising and applying the Sum of Three thousand Pounds 
towards removing the present discontent of the Indians, regaining 
their Friendship, and for other purposes therein mentioned," and a 
written Message accompanying the latter, which was read, and is as 
follows in these Words, viz'' : 

A Message to the Governor from the Assembly. 

" May it please your Honour : 

" The House, anxiously desirous of doing every thing in their 
Power to remove the present discontent of the Indians, and if pos- 
sible to prevent a War with them, have prepared a Bill for raising 
the Sum of Three Thousand Pounds for the Purposes therein men- 
tioned, among which the principal one is for defraying the Expence 
VOL. IX. — 30. 



466 MINUTES OF THE 

of Presents of Condolance for the Number of Indians wlio have 
been killed within this Province, and other Gifts for removing their 
Discontent and regg^ining their Friendship. From the calculation^ 
at the Time of forming the Bill, we supposed a Sum not exceeding 
Two Thousand five hundred Pounds might answer these Pur- 
poses. 

" We are informed a General Treaty is shortly to be held with 
these People by the Honourable Sir William Jolanston, in the In- 
dian Country, at which Time we could wish these Presents might be 
given, and the proper Endeavours used to pacify and reconcile them 
to this Province. We, therefure, think, should your Honour con- 
cur in Opinion with us in this important Matter, that no Time should 
be lost in communicating our llesolution to that Gentleman. 

" It would give us pleasure would the Time between this and the 
Treaty admit of transmitting him the Money, and sending Com- 
missioners to attend it, if both were done ; And should he advise 
you, upon Request made by your Honour, of the Practicability of 
the Measure, we think it would be right and necessary; But other- 
wise we have so perfect a Confidence in that Gentleman's good Dis- 
position towards this Province, and great Knowledge in Indian Af- 
fairs, that we have no Doubt but he will do everything on the best 
Terms that is necessary in making those Gifts and Presents, and 
reconciling, as far as in his Power, the Natives to their former 
Alliance and Friendship with the Government, as the Money will 
:be in the Hands of your Honour and the Commissioners named in 
the Bill to repay the Sum he may expend in this necessary Busi- 
ness. 

" Signed by Order of the House, 

JOSEPH GALLOWAY, Speaker. 

" February 15th, 1768." 

The said Bills were read, considered, and agreed to, and ordered 
to be returned to the House with the Governor's Assent. The fol- 
lowing Message was also drawn up and approved, and the Secretary 
"was directed to deliver the same, with the Bill for raising and 
.applying £ 3,000, &;c-^- 

A Message from the Govei-nor to the Assemhli/. 

" Gentlemen : 

" I return you the Bill sent up to me this Morning, eutituled 
•"An Act for raising and applying the Sum of Three Thousand 
Pounds, &c^-'" for the Purposes therein mentioned, which I am wil- 
ling to Pass into a Law immediately, as I think no Time should be 
lost in communicating to Sir William Johnson, by Express, the 
Measures we have agreed on for conciliating the Affections of the 
Indians at the Treaty it is said he is soon to hold with them. 

<'JOHN PENN. 

'' February 16th, 1768."^ 



PROVINCIAL COUNCIL. 467 



At a Council held at Philadelphia on Wednesday 17th February, 
1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

William Logan, Richard Peters, "] 

Joseph Turner, Benjamin Chew, }► Esquires. 

Lyuford Lardner, J 

" The Assembly's Message of the 15 Instant was again read, 
and the Measures thought proper to bo pursued by the Governor 
with respect to the Presents of Condolance, thought necessary to 
be made to the Indians at the ensuing Treaty to be held by Sir 
William Johnson, was fully considered, and the Board advised the 
Governor to write to Sir William Johnson by Express, acquainting 
him with his passing the Law for raising and applying a Sum of 
Money in presents of Condolance to the Indians, for removing their 
present uneasinesses and preserving their Friendship, and also re- 
questing him to distribute among the Indians such a part of the said 
Sum in Presents agreeable to the Law and the Intentions of the 
Assembly, in the best manner in his Power ; so as to answer the 
Ends proposed ; and at the same time informing Sir William of 
the Design of the Government to send Commissioners to attend the 
Treaty, if he should be of Opinion that the Time before the holding 
the Treaty would admit of it. 



Council Chamber, Eodem Die, 1'2 o'Clock. 

" A Committee of the Assembly having last Night waited on the 
Governor with a Message from the House requesting him to ap- 
point a Time for passing the Bill for raising and applying the Sum 
of £3000, &c'' and his Honour having agreed to pass the same at 
this Hour, sent them a Message by the Secretary, requiring their 
attendance for that Purpose. The House accordingly attended and 
the Speaker presented to the Governor the Bill entituled " An Act 
for raising and applying the Sum of £3000 towards removing the 
present Discontent of the Indians, regaining their Friendship, and 
for other Purposes therein mentioned;" which his Honour enacted 
into a Law, and appointed a Member of Council to accompany a 
Member of the House to see the Great Seal affixed thereto, and to 
deposit the Law in the Rolls Office. 



468 MINUTES OF THE 

Thursday the 18th of February, 1768. 

"The Governor consulted ■with Mr. Galloway, and Mr. James 
Penabertou, two of the Commissioners for laying out the Money 
directed by Law to be given in Presents to the Indians, as to the 
Sum necessary to be expended on that Account at the ensuing 
Treaty to be held by Sir William Johnson, and they concurring in 
Opinion that the Sum of £1000 would be sufficient for the Purpose, 
unless Sir William should judge it necessary and expedient to en- 
large it with the Addition ol =-§200 or £300 more, which they 
thought should be submitted to his Judgment and Discretion. 

The Governor thereupon immediately wrote the following 
Letter to Sir William Johnson, which was dispatched by Express, 
viz ' : 

A Letter from tJie Governor to Sir William Johnson. 

" Philadelphia, 18th February, 17G8. 
"Sir: 

" I have the Pleasure to inform you that the Assembly have 
concurred with me in a Law for raising a Sum of Money, part of 
which is to be lai<d out in Presents to the Indians by way of Con- 
dolance, as well for such of their Brethren as were lately killed by 
Frederick Stump on Middle Creek, as for all others who have here- 
tofore been Murdered in this Province by our People, hoping by 
this Means effectually to remove the Uneasiness and Discontent 
which may arise or remain in their minds on that Account, and to 
regain their Friendship. The Persons appointed by Law to dis- 
pose of the Money in Conjunction with myself, have appropriated 
the Sum of One Thousand Pounds for this Service. But as the 
Application and Distribution of the intended Prrsents cannot be 
made with so much Propriety or Judgment by anj" Person as your- 
self, and as no Time should be lost in a Matter of so much impor- 
tance, we have agreed that the Presents should be made at a Gen- 
eral Treaty, which I am informed you are soon to hold with the In- 
dians. 

"I am therefore under the Necessity of requesting the Favour of 
You to dispose of the above Sum at the ensuing Treaty in the name 
and on the Behalf of this Government, in Presents to such parti- 
cular Indians and Tribes of Indians as you shall judge will be most 
proper and likely to answer the good Ends we propose. The mo- 
ney shall be immediately paid to such Person or remitted in such 
a Manner as you shall please to direct. 

" The Assembly are of Opinion that it would be expedient and 
necessary that Commissioners appointed by me should be sent to 
attend the Treaty, if the Time between this and the holding the 
Treaty would admit of it. I would therefore request the Favour 
of You to inform me by the Return of the Bearer, whom I send 



PROVINCIAL COUNCIL.] , 469 

Express to you on this Occasion, wliether such a Measure is prac- 
ticable. 

" As several of the Inhabitants of this Province have been mur- 
dered by the Indians since the general Peace established with them 
in 1764, You will no doubt think it advisable, at the same time, 
that you condole with them on the loss of their People, to remind 
them of the Injuries done to us, and that we have received no Sat- 
isfaction from them on these Accounts, for which Purpose I here- 
with send you a List of tlie names of the Persons belonging to this 
Province who have been killed by the Indians I also inclose you 
the Names of the Indians killed by Frederick Stump, and the Tribes 
they belong to. 

" I beg leave further to observe to you, that the whole Sum ap- 
propriated by the Law to be expended in Presents to the Indians 
for reconciling them to this Province is £2500. But as we are of 
Opinion that there is more lleason to apprehend a Rupture with 
the Western Indians than those of the Six Nation or Northern 
Tribes, we have thought it advisable to allot the greatest part of 
that Sum to be applied iu Presents to the former, which it may be 
most convenient to distribute among them at Fort Pitt. But as 
we have the greatest Confidence in your Judgment and Knowledge 
in Indian affairs, we submit this matter to your discretion, and if 
you shall judge it most expedient to lay out £200 or £300 more 
than the £1000 above mentioned, to be presented to the Indians 
with whom you are about to hold Conferences, I have liberty from 
the Commissioners to empower you to expend that additional Sum, . 
and to do everything else in this Business on the part of the Pro- 
vince, which you may think most conducive to its true Interest and 
Safety. 

"I shall not endeavour to apologize for troubling you on this 
Occasion, as your readiness at all Times to serve this Province ren- 
ders anything of that kind unnecessary. 

"I am, with great Regard, Sir, 

"your most Obedient, humble Servant, 

"JOHN PENN. 

*' Sir William Johnson, Baronet, 
"at Johnson Hall." 

^ Lint of Persons helomjlnf/ to Pennsylvania, Murdered hy the In- 
dians since the last Peace made tvlth them : 

"Henry Obryan, Peter Brown, and eight other AVhite Men, in 
proceeding down the Ohio last August, with two large Batteaus, 
loaded with Goods amounting to the Value of £3000, were attacked 
and Pillaged near the Falls of that River, and not having been 
since heard of, tho' the Batteaus with a great part of the Goods 
were afterwards found on the Shore, they are supposed to have been 
all Murdered. 



470 MINUTES OF THE 

" Thomas Mitchell, A Trader from this Province, Murdered ic 
one of the Shawana villages last Fall. 

"Another Person, name unknown, Murdered by a Delaware Iq- 
dian, near Fort Pitt, in December last. 



Names of the Indians killed on the 10/A and Wth of January, 
1768, hy Frederick Stump and John Ironcutter^ at Middle 
Creeh, vizt.: 

" The White Mingo, otherwise called John Cook, a Seneca In- 
dian, whose Relations are said to Live on the Head of the Cayuga 
Branch, (which runs into the Susquehanna at Diohoga), at a Place 
called Peemeekannink, not far from Chenasse. 

"Cornelius, A Mohickon Indian, from a Place called Paghseka- 
cunk, on the Susquehanna, Sis Miles below Diahoga. 

" John Campbell; A Mohickon Indian; also, Jonas Griffy, either 
a Stockbridge or Jersey Indian. 

Women— The White Mingoe's Wife, &c. 

" Two other Women, supposed to be the Wives of Cornelius and 
John Campbell. 

" Two Girls and a Child. 

"The Women are said to be of the Delaware and Shawanese 
Tribes-" 



Thursday the 18th of February, 1768, A. M. 

Two Members of Assembly waited on the Governor and presented' 
to him " An Act for the better Employment, Relief, and Support of 
the Poor of the City of Philadelphia, the District of Southwark, the 
Townships of Moyamensingaud Passayunk, and the Northern Lib- 
erties." 



Friday the 19th of February, 1768. 

A Committee of the Assembly presented to the Governor for his 
Concurrence, a Bill entrtuled " An Act to enable the Owners and 
Possessors of a certain Tract of Marsh and Meadow Land therein 
described, situate in the County of Chester, to keep the Banks, 
Dams, Sluices, and Flood-Gates in Repair, and to raise a Fund to 
defray the Expences thereof." 

Captain William Patterson having recommended himself to the 
Governor by his late Spirited and commendable Conduct in apprehen- 
ding Frederick Stump and John Ironcutter, and delivering them to the 



PROVINCIAL COUNCIL. 471 

Custody of the Sheriff of Cumberland, and his Honour, upon en- 
quiry, tinding that he was well qualified for the Office of a Magis- 
trate, this day issued a special Commission, appointing him a Jus- 
tice of the General Quarter Sessions of the Peace and of the 
County Court of Common Pleas for the County of Cumberland. 



Eodem die, P. M. 

A Committee of two Members of Assembly waited on the Gover- 
nor with a Verbal Message from the House, requesting him to give 
as much dispatch as he could to the Consideration of the two Bills now 
before him, as the House inclined to adjourn this Week, if the Gov- 
ernor had no Objection. The Governor acquainted them that he 
had no particular Objection at present to their Adjournment, and 
that he would return the Bills to the House in the Morning. 



Saturday the 20th of February, 1768, A. M. 

The Governor and Council having considered the Bill entituled 
"An Act for the better Employment, Relief, and support of the 
Poor, etc"'" and '' An Act to enable the Owners and Possessors of 
a certain Tract of Marsh and meadow Land therein described, 
situate in the County of Chester, &c^'" returned them by the Sec- 
retary to the House, with his assent to first, and the following 
Amendments to the latter, viz'' : 

''Page 1, Lines 2, 3. Dele the Words [Tinicum Island]. 

" Page 22, Line 7. After the Word [List], insert the Words 
(]to be made out]." 



Saturday Noon, 

A Committee of the Assembly waited on the Governor, and 
acquainted him that the House had agreed to the Governor's 
Amendments to the Chester County Meadow Bill, and desired His 
Honour would be pleased to appoint a Time for passing the Bills 
which bad been agreed on. The Governor made answer that he 
should be in the Council Chamber at 5 o'Clock this Afternoon, in 
order to receive the House for that Purpose. 



Council Chamber, 5 o'Clock, P. M. 

The several engrossed Bills being compared with their Originals, 
and found to agree, The Governor sent the Secretary to the House 



472 MINUTES OF THE 

"with a Message requiring their attendance, that he might pass the 
Bills which had received his Assent. 

The whole House Attending accordingly, the Speaker presented to 
the GoA'crnor the following Bills, which he was pleased to enact into 
Laws, and issued a Warrant for afiixing the Great Seal thereto, and 
appointed a member of Council and the Secretary to accompany 
two members of the House to see them deposited in the Rolls 
Office. 

1. "An Act for incorporating the Society known by the name 
and Style of the Philadelphia Contributionship, for insuring Houses 
from Loss by Fire, &c"" 

2. "An Act to continue An Act entituled 'An Act for laying 
a Duty on Negroes and Mulattoe Slaves imported into this Pro- 
vince." 

3. "An Act for appropriating the Sum of Money for building 
the middle House on the West side of the Barracks, in the North- 
ern Liberties of the City of Philadelphia." 

4. "An Act for Regulating the Fishery in the River Brandy- 
wine." 

5. "An Act for raising, by way of Lottery, the Sum of £ 5,250 
for purchasing a public Landing in the Northern Liberties, and 
paving the Streets of Philadelphia." 

6. "An Act to amend the Act entituled 'An Act for the better 
Employment, Relief, and Support of the Poor of the City of Phila- 
delphia, the District of Southwark, the Townships of Moyamen- 
sing and Passyunk and the Northern Liberties." 

7. " An Act to enable the Owners and Possessors of a certain 
Tract of Marsh and Meadow Land therein described, situate in the 
County of Chester, tn keep the Banks, Dams, Sluices, and Flood 
Gates in repair, and to raise a Fund to defray the Expences 
thereof." 

The Speaker then, in behalf of the House, delivered to the Gov- 
ernor a Certificate for ;G 500 towards his Support for the present 
Year, for which His Honour thanked them. 

In about half an Hour after passing the Bills, the Assembly sent 
by a Committee of two members the following written Message to 
the Governor; whereupon His Honour acquainted them, that as the 
Message might possibly require some short Answer, he desired them 
to inform the House that he requested they would not adjourn till 
he had an Opportunity of sending them one. The Governor ac- 
cordingly prepared an Answer, and in an Hour's time sent it by the 
Secretary, who immediately carried it to the State House; but the 
Assembly had adjourned, notwithstanding the above request, as he 
was informed by the Door-Keeper, near half an Hour. 



PROVINCIAL COUNCIL. 473 

A Message to (he Governor from the AssenibJi/. 

" May it Please your Honour : 

" We met at this sitting, sincerely disposed to preserve that 
Harmony which ought to subsist between ' the Branches of a Legis- 
lative Body;' 'and altho' your i\Iessage of the 8th Instant appears 
to us evidently calculated to disturb it, yet we were resolved that 
it should not divert us from the important Objects before us; But 
as the public Business is nearly concluded, and that Message eon- 
tains a number of severe Insinuations and Groundless Charges 
against us, we are obliged to take particular notice of them. 

'' We entertain as just a Sense of the ' great Inconvenience attend- 
ing Differences between those Branches' as you possibly can do. — 
Ever since we have had the Honour of holding these Seats we have 
carefully avoided them, unless they were necessary to obtain some 
Act of Justice, to regain some Eight invaded, to support His Ma- 
jesty's Authority, or procure Safety to ourselves and those we rep- 
resent; and even in these Instances we think we may safely call on 
your Honour, to shew that we have conducted them otherwise than 
by a plain Representation of Facts, and decent tho' firm Arguments, 
Could we on a Retrospection of your conduct, persuade ourselves to 
believe ' that you have carefully avoided doing anything to inter- 
rupt a good understanding with the Assemblys of this Province,' it 
would give us real Pleasure, as it would afford us a Prospect of an 
easy accomodation of our present 'differences.' ' 

'' We have carefully re-considered our Message of the fifth In- 
stant, which you are pleased to say is 'not only indecent and unbe- 
coming,' but indicates a Spirit prevailing among us very ill suited to 
the present critical Situation of our public Affairs, &c''' From what 
part of this Message you could collect any thing that justifies these 
Charges, we are at a loss to judge. The manner of expression is 
plain, accompanied with Arguments deduced from a fair Represen- 
tation of Facts, which Your Honour has, however, chose wholly to 
pass over unanswered, from a Conviction, we suspect, that it was much 
easier to pronounce them ' indecent and unbecoming,' than to re- 
fute our Reasoning, or disprove the Truth of our Representation. 

" We remonstrated to }our Honour that most atrocious Offences 
had been long since committed in the Province. We requested 
that you would take the proper Measures to bring the Offenclers to 
Justice, and pointed out the Means by which this most necessary 
Business migbi be effected, 'without your doing Violence to the 
Constitution.' We endeavoured to delineate the unhappy Conse- 
quences that have resulted from permitting Men who have bid de- 
fiance to the Powers of Government, and audaciously trampled on 
its Authority, to remain longer unpunished ; And We presumed to 
intimate the present Debility of the Government under the late 
Administration of the Laws. If the pointing out those Truths to 
your Honour can be esteemed 'indecent' and 'unbecoming/ we 



474 MINUTES OP THE 

justly merited Your Censure. But if to advise and to intreat Your 
Honour to support the King's Authority, committed to Your Care 
for the protection of his People, is an indispensable Obligation 
which we owe, both to His Majesty and our Constituents. And if, 
in the discbarge of this Trust, we have incurred Your Displeasure, 
we can the more chearfully bear it, as we are conscious we were 
actuated by no Motives but our Duty, and the good of the Country. 

" This is the ' Spirit' which prevails among us. If you sus- 
pected us of any other, you did us great Injustice; And had more 
of this Spirit been exerted by your Honour, we are persuaded the 
Murderers of the Indians at Concstogo and Lancaster, would, long 
e'er now, have suffered the Punishment they deserved ; Numerous 
OflFenders would have been deterred from the Perpetration of the 
most Heuious Offiences. The Honour of the Government would 
have been maintained, and that Order supported, which only can 
ensure Safety and Happiness to the Subject. 

" That ' the averting an Indian War and the sad effects of it, were 
the principal Objects at the opening of this Sessions,' we agree, and 
we hope we have demonstrated by our Conduct a faithful discharge 
of our Duty herein, so far as our Power extended. We, at your 
Instance, prepared a Bill with all possible Dispatch, for removing 
the Lawless Intruders from the Indian Lands. And to leave 
nothing undone which could possibly tend to remove the Indians 
discontent, we Voted and granted a sum of Money to be expended 
in Presents of Condolance for the Number of Indians who have been 
cruelly Murdered in and on the Frontiers of this Province, and 
other Gifts for regaining their Friendship. These things we were 
more especially induced to do, as we despaired from your Declara- 
tion, that the Offenders were likely to be apprehended or Public 
Justice satisfied, which the Laws and Policy of all civilized Nations 
strictly require. 

" But you are pleased to tell us that ' the two only Causes of 
Complaint you find mentioned in His Excellency General Gage's 
and Sir William Johnson's Letters, are the Intrusions of our 
People on the Indians' Lands, and the Insults and Hostile Acts 
they have received from the Frontier People, chiefly from Vir- 
ginia;' and you Charge us, that not being ' content with the Causes 
pointed out by those Gentlemen, we have proceeded to investigate 
others.' Your Letter from Sir William, laid before us, we did not 
receive until the 21st Ultimo. Our Message, upon which you 
found the Charge against us of unnecessarily investigating other 
' Causes than those pointed out by him,' was sent up to your 
Honour on the thirteenth Ultimo. 

" With what Propriety, then, could you Assert that we were not con- 
tent with the Clauses pointed out by Sir William , when we had not seen 
his Letter ? But had this Letter come to your Hands, and been earlier 
laid before us, we must have been blind indeed not to have discovered 
4hat there are other Causes than those you assign ; because, after men- 



PROVINCIAL COUNCIL. 475 

tioning tliem, tbis Grentleraan adds the words [&e''] which, to a Per- 
son desirous of investigating all for the Public good, might have 
shewn there were 'others' than those particularly specified. The 
Copy of the General's Letter is now before us, and we cannot help 
expressing our surprize that you should refer us to that Letter to 
find that ' the two Causes ' recited in your Message are the only 
Causes of the Indians' complaint. Had your Honour attended to 
a few words just preceding those you have been pleased to select, 
you would have found your mistake, and plainly discovered that the 
General in very explicit Terms assigns other Causes. That the 
whole Truth may, however, appear, we beg leave to Quote the very 
Words of his Letter, not transposed as they are in your Message, 
but in the Order they stand. They are these : That altho' ' seve- 
ral Causes ' for their present ill Temper are suggested, yet the 
Insults they have received from the Frontier People, chiefly fi'om 
those of Virginia, and the Obstinacy of the People, who persist to 
settle on their Lands, not only without their Consent, but in Con- 
tradiction to their warmest remonstrances and the Endeavours that 
have been used to remove them, I perceive to be the most immedi- 
ate Cause of their present Discontent, Hence it appears very con- 
trary to what you have alledged, that the Matters asserted by you 
as the only two Causes of Indian Complaint are styled by the Gen- 
eral ' the most immediate Cause,' and of Consequence, that there re- 
main ' other Causes' for their present ill Temper. Indeed, had his 
Excellency omitted to mention any other lleasons for the Indian Dis- 
quietude than those your Honour seems so remarkably attached 
to, We apprehend it requires but a small Knowledge of the 
Dispositions and Policy of the Natives, and of what has unhappily 
passed in this Province, to discover many others. The Indians 
have strong Ideas of Justice, and retain a warm Resentment for 
Injuries. The iNIurder of their People they esteem not only a pri- 
vate Loss to their Relatives but a publick one to their Nation, And 
they seldom forget or forgive Insults of this Nature without ob- 
tainiug satisfaction from the Government where they were com- 
mitted, Aud, therefore, when we consider the Number of their Peo- 
ple who have been cruelly Massacred by a lawless part of the In- 
habitants of this Province, We cannot conceive that Your Honour 
can be at a loss to find out some of the other ' Causes' intimated, 
tho' not expressly enumerated by the General ; And if in the In- 
vestigation of those Causes we have unfortunately given Your Hon- 
our ofi"ence, it is an OiFenee we assure you we could not well avoid. 
His Excellency's Letter, and the seeming sincerity with which you 
declared your Readiness in your first Message on this subject, 'to 
remove the just Causes of Indian Complaints of past Injuries,' 
and an anxious Desire of uniting with you in a Measure so neces- 
sary to the future Safety of the Province, led us into the Enquiry 
which we conceived to be our Indispensable Duty, as it appeared 
necessary to avert the Calaraites of an Indian War. 



476 MINUTES OF THE 

"The oblique Insinuation thrown out by your Honour that those 
Enquiries were taken up rather with a view to distract your 
' Councils than to reraove the present Causes of Indian Dissatis- 
flictions,' tho' of a high Nature, gives us no Concern, Our Innocence 
and Actions we trust will not only vindicate us against this inten- 
ded Aspersion, but against any others which you may think proper 
to cast upon us • Nor a,re we to be thus diverted from firmly dis- 
charging our Duty to the Crown and our Constituents. 

" Those Enquiries were entered into and made before we knew 
of the Murders committed by Frederick Stump and his Servant; 
On the 7th of January Mr. Croghan was examined on these Matters 
before this House ; On the 13th our Message mentioning 
this Enquiry was sent to you, and the Letter from Colonel 
Armstrong, giving you the first Account of the Rescue of 
Stump and his Servant, which seems to have thrown your 
Councils into so much Confusion, was not wrote before the 
29th of the same month. How then was it possible that the 
House could intend to distract your Councils' at the Time those 
Enquiries were taken up. They could not suspect that a Request 
made to your Honour could have that effect when they knew of no 
other matters before them. If your Councils are Distracted, we 
disclaim all share in the Causes of that Distraction. And we 
think you might with much greater Propriety and Justice have 
derived it from another Source. Councils must undoubtedly be in- 
volved in Perplexities and Confusion, when the Execution of Laws 
for a long Series "of Time h^.s been grossly neglected ; Murderers 
and other Offt;nders permitted to escape with Impunity, and the 
Government thereby brought into the utmost Contempt. To these 
Causes the present difiiculties attending your 'Councils,' are only 
to be ascribed, and not to anything which we have done or ever 
thought of doing ; And, therefore, this most unkind Insinuation 
against us is the more ungenerous and unjustifiable. 

" Your Honour is pleased to repeat your ' Detestation of the 
Murder of the Indians at Conestogo and Lancaster,' and yet you 
are extremely unwilling to believe it ' one of the Causes of the 
present discontent among the Indians,' and you confess 'yourself 
at a loss to conjecture on what Intelligence we found our Opinion 
in this {particular.' We will candidly inform your Plonour upon 
what our Opinion is founded. It is upon the very Nature of those 
tragical Scenes and their apparent Consequences. 

"Those Indians were chiefily Descendants from one of the most 
powerful Tribes of the Six Nations; They had Relations among 
them who have long since heard of their inhospitable and Barbar- 
ous Treatment while under the Protection of the Government. To 
suppose then that such Acts of Inhumanity had not created Un- 
easiness and Resentment, not only in those Relations but in the 
Nation principally, would be to flatter ourselves that they were 
void of all Passion and Policy, the contrary of which every Day's 



PROVINCIAL COUNCIL. 477 

Experience fully manifests ; And wlien we further considered, 
that not one of those atrocious Murderers has been brought to 
Punishment in order to remove the Prejudices of the natives 
against the Government, nor that the usual Presents of Condolence 
has been made by this Province, to the Relatives, for the loss of 
their Brethren, we were greatly confirmed in our Opinion that these 
murders were one of the Causes of Indian Discontent. But we 
did not depend on those Reasons solely. We found, from the Ex- 
amination of G-eorge Croghan, Esquire, Deputy Superintendant of 
Indian Affairs, that the Senecas had complained, among others, 
of those Murders, and we have been so happy, since, as to have 
our Opinion farther corroborated by another Authority, which we 
think your Honour will not dispute, as you have fully acknowledged 
it in your Message now before us. We mean from an impartial 
and full State of all the causes of Indian Discontent communicated 
in a Letter, during this Session,' to our Speaker, by the Honour- 
able Sir William Johnson, His Majesty's Superintendant of Indian 
Affairs. In this Letter Sir William expressly mentioned the Bar- 
barity exercised on the unhappy Conestoga Indians, as one of the 
Causes, among others, of the intended Indian Hostilities against 
the Colonies. And in another Part thereof he says ' The Murder 
of the Conestogos, still fresh in their Memory, gives them much 
Pain.' Thus your Honour may perceive that we have not' taken 
it for granted' that the Murder of the Conestogo Indians 'is one 
Cause of Indian Complaint, But that we are supported by good In- 
formation, and on the very Authority which you so strongly re- 
commend in your Message. 

" In order, however, to divert us from examining into this Cause 
of Indian Complaint, and from pressing you to put the Laws in Ex- 
ecution against the Offenders, you inform us ' that the Six Nations, 
upon Sir William Johnson's laying before them and explaining to 
them this Affair, at your Request, in the Year 1764, were so far 
satisfied that they received Belts from Him on the Occasion, and 
suffered him to cover the Graves of their deceased Brethren.' And 
can your Honour believe that such uncommon Injuries can be 
attoned for, and the Resentment of the Indians so easily eradi- 
cated ? Under these Circumstances we are at a loss to conjecture 
upon what Motives you act when you attempt to persuade us 
that ' the Barbarity exercised on the unhappy Conestoga In- 
dians, was not ' One of the Causes of the Indian Discontent.' Wc 
would charitably hope that this Measure was not taken up rather 
with a view to cast a Veil over the inexcusable Conduct of the 
Magistracy under your Superintendance, and to avoid a speedy and 
diligent Inquisition after the Murderers, than to restore the lost 
Authority and Dignity of the Government. But indeed the bad 
Policy of treating such important Matters with Neglect, or very 
little Regard, appears now fatally evident, as it is too clear to be denied 
that those Murders, of which so little Notice has been taken, are one 



478 MINUTES OF THE 

of the Causes which threaten the Colonies with an Indian War ; And 
we must say that the situation of the Province, in our Apprehen- 
sion, is truly most deplorable, when the late Murders in the Coun- 
ty of Cumberland can ' involve' you in such ' Difficulties' as to 
render it necessary to Postpone to 'a more proper Season,' a Matter 
of equal if not greater Importance to the Safety of the Colony. 
The proper Time for punishing Offenders is as soon as possible after 
the ofience is coraraitted ; every neglect or delay does but encou- 
rage them and others to the Perpetration of the like or other Crimes. 
And as those offenders have too long already eluded the hands of 
Justice, no ' season' in our Opinion, can be more ' proper,' than 
that which demands their Conviction, to avert the impending Ca- 
lamities of a general Rupture with the Indians. 

You are further pleased to allcdge that ' you are called upon by 
ns in a manner the most extraordinary, to vindicate yourself, and 
as it were, arraigned by us for neglecting the Duties of your Station 
relative to Murders committed upwards of four Years ago.' We 
do not pretend to ' Dictate' or to have any Power over your Hon- 
our, but we conceive we have a liight, as the llepresentatives of 
the Freemen of this Province, to enquire into every Cause which 
threatens the Public Safety, to point out the Failures in the Ad- 
ministration of Justice, to advise and request you would enforce a 
due Execution of the Laws, and make Examples of the Delinquent 
OfBcers ; and we think it is also our Right to know how far those 
reasonable Requests are complied with. And should we observe 
any Omission or Neglect in a Governor, which is likely to bring 
the Authority of Government into Contempt, and thereby to en- 
danger the Lives of His Majesty's Subjects, We cannot but think 
we ought, with Plainness, Firmness, and Resolution, to remonstrate 
against such Omissions or Neglects; For your Honour will be 
pleased to consider, that herein the Lives, Estates, and every thing 
the People of this Province hold dear and valuable, are intimately 
concerned, and if we were, as idle spectators, to see the Province we 
represent precipitating into a State of Anarchy with all its attend- 
ant mischiefs, we should be not only chargeable with a Breach of 
Duty to the Crown, but the People we represent. 

But why your Honour mentions the time since those offences 
were committed, we cannot conceive. Was it to persuade us that 
the Punishment of Murder would be now out of * Season' ? — 
These Criminals you acknowledge, have eluded the force of our 
Laws upwards of ' four years,' and yet, many of them remain in 
the Province and may be easily discovered and apprehended. As 
distressing as this consideration must be to every sober Inhabitant, 
it is greatly aggravated by the Number of Crimes of the same Na- 
ture since comitted. Will your Honour permit us to place them 
in one view before you, that the dangerous effects of delaying Jus- 
tice in Government may fully appear and incite you to do your 
Duty ? In the year 1763, the cruel Massacres of Twenty Indians, 



PROVINCIAL COUNCIL. 479 

chiefly of the Six Nations, were perpetrated at Conestogo and Lan- 
caster. In the same year a Delaware Chief met with the same 
Fate between Sherman's Valley and Juniata. In 17(35, a Chief of 
the Six Nations was murdered near Bedford. In the year 1700, a 
principal Warrior of the Delawarcs was killed between Red-Stone 
Creek and Cheat River ; and three Delaware Chiefs were Robbed 
and Murdered near Fort Pitt by two Inhabitants of this Province. 
An Indian was lately murthered in Northampton County; besides 
the late Barbarity committed by Frederick Stump and his ser- 
vant on ten Indians on Middle Creek. And not one of those 
Murderers have been brought to Punishment. The last men- 
tioned have indeed been apprehended thro' the virtuous Ac- 
tivity of Cap"- William Patterson, aided by a few of his neigh- 
bors, without any Authority from the Magistracy. But, when 
taken into Custody by the Sheriff, under the Chief Justices' 
Warrant, and ready to be brought by a Guard to this City for Ex- 
amination, did not two of the inferiour Magistrates insolently pre- 
sume to supersede the Power of that Warrant, and commit the Pri- 
soners by their own Authority to the County Goal, and one of them 
to discharge the Guard raised by the Sheriff, thereby affording an 
Opportunity to the lawless part of the County of rescuing them. 
This Rescue has since taken place by a Number of Armed Men ; 
And not a single Offender apprehended that we have heard of, tho' 
many of them are well known and residing in the County. Where 
can these things terminate but in Tumults and a Total Abolition of 
the Powers of Government ? For, can we reasonably expect that 
those avowed violators of the Faith of Treaties and the Lav.'s of 
God and their Country will stop here, and not exercise the same 
Acts of inhumanity on the good People of the Province ? Their 
Numbers and Connections are continually encreasing by the Perpe- 
tration of new Offences, and fresh Difficulties occurring with them 
to oppose the Execution of the Laws, while the Powers of Govern- 
ment, which ought in all good Policy to check the growth of Crimes 
in their Bud, are either not exercised at all, or with so little Effect 
as to incite neither Fear or Respect. 

" But our pressing these Matters on your Honour, you are pleased 
to Term * no less unkind and Indecent towards you, than impru- 
dent with respect to our present Pursuit, for Reasons which must 
occur to us on cool and dispassionate Reflection, though they are 
altogether improper to be made public at this particular Juncture.' 
We trust, that after so full an Explanation of our Motives as is 
mentioned in this Message, you will readily alter your Sentiments 
with respect to the Indecency of our Conduct. And as to the ' im- 
prudence' of the Measure, though we have 'coolly and dispassion- 
ately' sought for the Reasons which you say ' must occur to us,' 
we assure you we are at a Loss to discover them, unless they arise 
from an Apprehension in your Honour that it is impracticable under 
the present debilitated Administration of Government, to Punish 
the Authors of Crimes committed at different Periods. 



480 MINUTES OF THE 

" You are pleased to tell us that you ' contented yourself with re- 
turning a short Answer to our first Message, letting us know what 
Steps you had taken to discover and bring to Justice those who had 
been concerned in the Lancaster Murders.' Your Answer was in- 
deed short, but truly alarming to Us. The very extraordinary De- 
blaration made in that Message, that, 'in your Station you conceived 
nothing more can be done without doing an Act of Violence to the 
Constitution,' afforded us a Melancholy Prospect of future Inse- 
curity. And, as it seems nothing more can be done in Your Opin- 
ion, by the Supream Magistrate of Pennsylvania, towards bringing 
the most Capital Offenders to Justice, * than writing a few Letters 
to the Inferiour Officers (who have contumaciously disobeyed them), 
and issuing a Proclamation, which has been treated with the utmost 
Indignity, every Impartial Person must be convinced that the Pow- 
ers of Government, vested in thee feeble Hands of a Proprietary 
Governor, are too weak to support Order in the Province, or give 
Safety to the People. 

"JOSEPH GALLOWAY, Speaker." 

This Afternoon an Express brought a Letter from a Chief of the 
Indians at the Great Island, to Captain William Patterson, in An- 
swer to his Message sent them the 22d of last month, and is as fol- 
lows, Viz'-: 

" February 17th, 1768. 

" Loving Brother : 

"I received your Speech by Gershom Hicks, and have sent one 
of my Relations to you with a String of Wampum, and the follow- 
ing Answer : 
" Loving Brother : 

" I am glad to hear from you ; I understand that you are very 
much grieved, and that the Tears run from your Eyes. With both 
my Hands I now wipe away those Tears ; and, as I don't doubt 
but your Heart is disturbed, I remove all the Sorrow from it, and 
make it as easy as before ; I will now sit down and Smoak my Pipe. 
I have taken fast hold of the Chain of Friendship, and when I give 
it a Pull, if I find my Brothers, the English, have let it go, it will 
then be Time for me to let go, too, and take care of my family. 
There are four of my Belations Murdered by Stump, and all I de- 
sire is, that he may suffer for his wicked Action ; I shall then think 
that Your People have the same Goodness in their Hearts as for- 
merly, and intend to keep it there. As it was the Evil Spirit who 
caused Stump to commit this bad Action, I blame none of my 
Brothers, the English, but him. 

" I desire that the People of Juniata may sit still on their 
Places, and not put themselves to any Hardships by leaving their 



PROVINCIAL COUNCIL. 481 

Habitations, whenever Danger is coming, they shall know it before 
it comes on them. 

'' I am your Loving Brother, 

''SHAWANA BEN. 
"To Captain William Patterson." 



At a Council held at Philadelphia on "Wednesday 24th Feb^' 
1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

&C'^- 

William Logan, } -r^ 

T ^ rri 1 r Lsquires. 

James lilghman, ^ '■ 

The Governor having considered the Necessity of taking imme- 
diate Measures for the removal of the Settlers on the Indian Lands, 
pursuant to the Law lately passed for that Purpose, and desired 
that a Proclamation might be prepared agreeable thereto, the 
Draught of one was laid before the Board and approved, and 250 
Copies thereof were ordered to be Printed without delay. 

in was- then agreed that the Reverend Mr. John Steel, John 
Allison, Christopher Lemes, Esquires, and Captain James Potter, 
of Cumberland County, sliould be requested to go to the Mongahela, 
Youghiogeny, and other Places Westward of the Allegheny Moun- 
tains, where any Settlements are made within this Province, and to 
set up a Number of the Said Proclamations in the most public 
Places of those Settlements, and to Read and explain the same to the 
People, and to use their best endeavours to induce them to pay due 
Obedience thereto. A Letter of Instructions was accordingly 
drawn up and approved, and the same was directed to be sent by 
Express to those Gentlemen, together with a Number of the Proc- 
lamations, and Sixty Founds in Cash towards defraying the Ex- 
pences of their Journey. The Proclamation and Letter follow in 
these Words, viz'- : 

" Bi/ the Honourable JOHN' PENN, Esquire, Lieutenant Gover- 
nor and Commander-in-Chief of the Province of Pennsylvania 
and Counties of New- Castle, Kent, and Sussex, on Delaioare. 

"A PROCLAMATION. 

" Wfiereas, by an Act of General Assembly of this Province, 
passed in this present year, it is, among other things, provided and 
enacted, that if any Person or Persons, settled upon any Lands 
within the Boundaries of this Province, not purchased of the In- 
dians by the Proprietaries thereof, shall neglect or refuse to remove 
themselves and Families off and from the same Lands, within the 
voi^. IX. — 31. 



482 MINUTES OF THE 

space of Thirty Days after he or they shall be required so to do, 
either by such Persons, as the Goveruor of this Province shall ap- 
point for that Purpose, or by his Proclamations to be set up in the 
most Public Places of the Settlements on such unpurchased Lands, 
or if any Person or Persons being so removed, shall afterward re- 
*turn to his or their Settlements, or the Settlement of any other 
Person, with his or their Family, or without any Family, to remain 
and settle on such Lands, or if any Person shall, after the said No- 
tice to be given as aforesaid, reside and settle on such Lands, every 
such Person and Persons so neglecting or refusing to move with his 
or their Family, or returning to settle as aforesaid, or that shall 
settle on any such Lands, after the Requisition or Notice aforesaid, 
being thereof legally convicted by their own Confession, or the 
Verdict of a Jury, shall suiFer Death without the Benefit of Clergy. 
Provided always nevertheless, that nothing herein contained shall 
be deemed or construed to extend to any Person or Persons, who 
now are, or hereafter may be settled on the main Roads or Com- 
munications leading through this Province to Fort Pitt, under the 
Approbation and Permission of the Commander-in-Chief of His 
Majesty's Forces in North America, or of the Chief Officer com- 
manding in the Western District to the Ohio, for the Time being, 
for the more convenient Accommodation of the Soldiery and oth- 
ers; or to such Person or Persons as are, or shall be, settled 
in the Neighborhood of F-.rt Pitt, under the Approbation and Per- 
mission, or to a Settlement made by George Croghan, Esquire, 
Deputy Superintendant of Indian Affairs, under Sir AVilliam 
Johnson, on the Ohio above the said Fort, any thing herein con- 
tained to the contrary in any wise notwithstanding. In Pursuance, 
therefore, of the said Act, I have thought proper, by the Advice of 
the Council, to issue this my Proclamation, hereby giving Notice 
to all and every such Person and Persons who are settled upon 
any Lands within the Boundaries of this Province not purchased 
of the Indians by the Proprietaries thereof,' (except as in the said 
Act is excepted) to remove themselves and their Families off and 
from the said Lands, on or before the first Day of May next ensu- 
ing ; And I do hereby strictly charge and command such Person 
and Persons, under the Pains and Penalties by the said Act im- 
posed, that they do not, on any Pretence whatever, remain or con- 
tinue on the said Lands longer than Thirty Days after the said first 
Day of May next. 

" Given under my Hand and the Great Seal of the said Province, 
at Philadelphia, the Twenty-fourth Day of February, in the 
Year of Our Lord, One Thousand seven hundred and sixty-eight, 
and in the Eighth Year of His Majesty's Reign. 

"JOHN PENN." 
" By His Honour's Command. 

" Joseph Shippen, Junior, Secretary. 

" GOD SAVE THE KING." 



PROVINCIAL COUNCIL. 483 

Ji Letter from the Governor to the Reverend Mr. John Steel, John 

Jillison, and Christopher Lemes, Enquires, and Captain James 

Potter. 

" Philadelphia, 24tli February, 1768. 
*' Gentlemen : , 

" As there has lately been made a Law for removing the Persons 
who have settled upon the Lands of the Indians within the Bounds of 
this Province, as yet unpurchased by the Proprietaries, by the Terms 
of which they are to be required by Proclamations, or otherwise, to 
depart from their Settlements; And as it is proper that this part 
of the Law should be carried into Execution by Persons of influ- 
ence and Discretion, I am to request you to take the burden of 
that Service upon you. 

" You will herewith receive a number of Proclamations issued in 
Pursuance of that Act of Assembly. With these, you, or any three 
of you, are desired to proceed with all possible Expedition to the 
Settlements made within this Province on Red Stone Creek, the 
Monongahela and Youghiogcny, and other parts of the unpurchased 
Lands to the Westward beyond the Allegheny Mountains ; you are 
at Liberty to take in Company with you such two or three discreet 
and fit Persons as you think proper, one of them to be a Clergy- 
man, (if such an one can be prevailed on to attend you). When 
you arrive at the Settlements, you are to collect together as many 
People of each of the Settlements as you can, to whom you are to 
read the Proclamations and explain the Nature of them, and to ex- 
postulate with them upon the Folly and injustice of their settling 
upon the Indian Lauds, the dangerous Tendency of such a rash 
Step, both to themselves and other Settlers upon the Frontiers, the 
necessity and use of Civil Government, the Obligation of Laws in 
General, and the Consequences of their disobeying the Law now 
made on purpose to remove them. You are afterwards to set up 
in the most public places of each Settlement several of the Procla- 
mations ; and to leave others of the Proclamations in the hands of 
such of the Settlers as you may think proper. You are also to dis- 
perse them at all public Places on the Road. You are desired to 
learn in the most prudent manner, the Names of as many of the 
Settlers as you can, and to take an Account of them, and to keep 
an exact Journal of your Proceedings in this Service, and to report 
the same to me in Writing, immediately upon your return, with an 
Account of your Expences, and those of the Persons who shall at- 
tend you, which will be paid, together with a reasonable Satisfac- 
tion for your Trouble, towards defraying which Expences you will 
receive the Sum of Sixty Pounds by this Opportunity. I atn with 
great Respect, 

" Gentlemen, Your most Obedient 

" humble Servant, 
^ " JOHN PENN. 

" To the Rev'^- Mr. John Steel, John Allison, & Christopher 
Lemes, Esq"- and Captain James Potter, Cumberland County. 



484 MINUTES OF THE 

Then was Read a Letter which the Governor had jurjt received 
from Major General Gage, of the 20th Instant, which is as follows^ 
viz': 

March the 1st, 7 o' Clock P. M. 

An Express arrived with a Letter to the Governor from John 
Armstrong, Esquire, at Carlisle, which was ordered to be entered 
on these Minutes, and is as follows, viz'-: 

A Letter to the Governor from Joliii Armstrong , E^iquire. 

" Carlisle, 26th of February, 1768. 

" May it please Your Honour : 

" I thank your Honour for your favour of the 20th Instant, which 
came to hand at the same time as 3-our last general Letter to the 
Magistrates of this County, and also for the Liberty you are pleased 
to grant me of going to Philadelphia for the Justitication of my 
Conduct, in regard to that opposition to the Chief Justice's War- 
rant with whicli I am charged, in the Case of Frederick Stump, 
and shall accordingly wait of your Honour as soon as I possibly can. 

" The less therefore is at this time necessary to be said, having 
lately sent a State of that Matter to the Chief Justice, which I ex- 
pect he will produce to your Honour. Had I on that occasion 
been conscious of disobedience or injury to the Publicj it is not very 
likely I should have wrote you in the Manner I did, and in so many 
diiferent Letters, have always neglected even the least labour to 
Justify myself. I knew my own innocence and never imngined that 
any Person would even suggest the contrary, or that niy Conduct 
could be plac'd to your Honour in that point of Light in which it 
now appears to stand, for however directly or otherwise any may 
Lave wrote or spoken to my disadvantage, or however mistaken I 
might by any means have been, yet an Act so unnatural as that of 
voluntary disobedience, either to your Orders, or the (Jliief Justice's 
Warrant, I beg leave to say, is at least highly improbable, unless 
I were known to be actuated by Principles equally opposed to virtue 
and my own Interest. 

'' The Letters I wrote were never intended to palliate the Crime 
of the lawless Mob who rescued the Prisoners, but readily confess 
that at that Time I had strong expectations they would be returned, 
which led me to mention these things that youy Honour now con- 
strues to be against me. T'is very true I was desirous that the 
impending llesentment of the Government might be mitigated, had 
they returned the Prisoners, but this desire arose from very differ- 
ent Jlotives than barely to cover their Crimes; my Principal in- 
tention was to acquaint your Honour more generally of the prevailing 
Temper and Sentiments of the People, which I conceived ne^ssary 
that you should know, and therefore incumbent upon me to relate. 



PROVINCIAL COUNCIL. 485 

*' The anxiety and public Concern I have had on the present oc- 
casion has at least been considerable ; but your Honour's Concep- 
tions of my conduct have added a compleat supplement. However, 
as by the utmost exertion of my Capacity I find myself still una- 
ble to render that satisfaction for which I have faithfully laboured, 
Duty obliges me to rest in one comprehensive Wish. The Will of 
God be done. 

" As soon as the breaking up of the River would admit a Passage, 
I did not fail of having conveyed for your information all I then 
had heard — but deferred sending another Express untill the utmost 
intelligence would be had, from which it is now evident that Stump 
and Ironcutter are both set at Liberty. The former it's said went 
first to the Parts where he had lived — thence proceeded to his Fath- 
ers in Tulpahawka, in which neighborhood 'tis alledged he yet re- 
mains. That his Friends are to ask advice of some ableCouncellor in 
the Law, to know whether there is a good Prospect of his safety,and 
should the answer be agreeable, that he may be expected to deliver 
himself up in the mouth of April, otherwise is determined to flee 
somewhere, and most probably I should think in some part of Vir- 
ginia. Ironcutter it's said was carried off by a German, supposed 
to be from Tulpahawka, but I think it natural to suppose that 
Stump and he will both repair to some back part of Virginia, if they 
are not already gone. I shall not insert the Reasons Assigned by 
the Rioters for their aggravated Guilt in dismissing Ironcutter also, 
the grand Reason being now evident — unwillingness that White 
Men should be brought to the Risque of Life for Killing Indians 
at this time, when War is expected. 

" I herewith send a Copy of the proceedings of the Magistrates 
on receipt of Your Honour's Orders of the 20th Instant, and had 
intended thiar Meeting on the 25th, in consequence of former Or- 
ders. We have got Testimony against 21 of those that committed 
the Rescue, including the Ring-leaders, as we suppose, and have 
already issued a Number of Warrants. I design this by Express, 
but, if disappointed, by the first safe hand, and am, Sir, 
" Your most Obedient 

" humble servant, 

"JOHN ARMSTRONG. 

^'Governor Penn." 



March the 3d. 

The Express sent to the Reverend Mr. Steel on the 24th Ultimo, 
being returned, delivered to the Governor a Letter from the said 
Gentleman, with two others from a number of the Justices of Cum- 
berland County, which were ordered to be entered on these Min- 
utes, and are as follow, Viz'-; 



486 MINUTES OF THE 

A Letter to the Governor from the Reverend Mr. Steele. 

" Carlisle, February 27th, 1768. 
" May it please your Honour : 

"I received Your favour of the 24th Instant, a few Hours ago^ 
and will send off to-Morrow Morning to acquaint the Gentlemea 
whom I am to accompany, and transmit to them a Copy of your 
Honour's Instructions. I expect to take Journey from Carlisle 
in a few days, being persuaded it is Your Pleasure that all possible 
Dispatch be made. 

** Whatever the Success shall be, I hope Your Orders shall be 
faithfully executed. I am 

" Your Honours 

" most Obedient 

"humble Servant, 

''JOHN STEEL. 
" P. S. I acknowledge the Receipt of Sixty Pounds, &c"- 

''J. S. 
" To the Honourable John Penn, Lieutenant Governor, (fee"'' in 
Philadelphia/' 



,d Letter to the Governor from Six of the Justices of Cumberland 

Covnty. 

"Carlisle, February 28th, 1768. 
" May it Please Your Honour : 

"Your Commands per Captain William Patterson, of the 20th 
Instant, came to hand on the 24th; on receipt, a Number of the 
Justices met the same Evening at Carlisle, (Mr. Montgomery as- 
sisting,) to concert Measures how to execute your Honour's injunc- 
tions in the most effectual Manner. As it appeared to us utterly im- 
probable that these Licentious People who rescued Stump, would 
or ever had it in their Power to return to Justice the Perpetrators 
of the late Murder on the Indians, and as the best Intelligence we 
can gain renders it Matter of scruple whether he be in our County, 
we proceeded to take information on Oath, and issue Warrants to 
the proper Officers, for Apprehending and securing in Goal those 
Villains who were concerned in the Rescue. We have inclosed a 
List of the Names of such as we have discovered. 

" We have transmitted a Copy of your Honour's Injunctions to 
the Justices of the upper end of the County, with our Advice to 
exert themselves, as it appeared probable to us that the Murderers 
might take that way to Virginia, where it is thought they will seek 
Refuge. 



PROVINCIAL COUNCIL. 487 

" We cannot sufficiently acquit ourselves in not acquainting Your 
Honour, yet we can assure you the Sheriff, Justices, and several of 
the Principal People, have exerted themselves with all their might 
to regain Stump and Ironcutter; tho' we have not had success, 
We are persuaded all pains will be used by the proper Officers to 
apprehend the llioters, and that the Magistrates will be aiding 
hereunto with all their influence. 

"■ With all Wise and Good Men, we abhor the Base Insult on 
Government, sensible of the direct Tendency of such a Crime to the 
subversion of Order, Justice and Property. 

"We are concerned your Honour's Orders and the Chief Jus- 
tices' Warrant wore not immediately complied with, which we con- 
ceive might have been done with safety before those Licentious 
People had time to Cabal and contrive their Plan; this we think 
might have prevented such disagreeable consequences, nor can we 
conceive why it was not done. But your Honour no doubt has had 
the Reasons laid before you. 

We are, with many others, highly pleased with the brave Conduct 
of Captain William Patterson, (he did Honour to our County,) and 
the Notice your Honour has taken of Merit in the manner of ex- 
pressing your Approbation, we persuade, will influence not only the 
Young Man himself, but others, to behave worthily. 

" We gratefully acknowledge Your Honour's Goodness in repeat- 
ing Your Injunctions of the 4th Instant, as most of Us had not the 
Pleasure of seeing them before. We shall willingly receive from 
time to time what Commands your Honour may think proper. 
"We are your Honour's most 

" Obedient humble Servants, 

"JONATHAN HOGE, 
"AND"'- COLHOUN, 
"JA^ GALBREATH, 
"JN°- BYERS, 
"JN"' IVPKNIGHT, 
"HARM" ALRICKS. 
" The Honourable John Penn, Esquire, Lieutenant Governor, &c^" 



A Letter to the Governor from James GalLreath and John Iloge^ 

E^qxiires. 

"East Pennsborough, 29th of February, 1768. 

" Honoured Sir : 

" We take this opportunity to inform you, that on the twenty- 
seventh of this Instant, at Allen Township, in the County of Cum- 
berland, one James Thompson found an Indian Man lying Dead, 
within the Water Mark of the River Susquehanna, who without 



488 MINUTES OF THE 

doubt, is one of the Indians Stump killed, and was brought down 
there by the Water. As soon as we heard thereof, heanng at the 
same time that the Coroner was Sick, we went down and held an 
Inquest on the Dead Body. He was struck, as appeared to us, two 
or three times with the Pole End of a Tomahawk on his Forehead, 
which broke his Skull. There was also a large Scalp taken oflf his 
Head, which took both his Ears. "We held the Inquest the twenty- 
eighth Instant, and Interred him Decently; Cut small Poles, and 
made a Penn about his Grave. We have nothing material more to 
inform you of at present, hut beg leave to Subscribe ourselves, 
"Your most Obedient and humble Servants, 

"JAS. GALBREATH, 
"JONATHAN HOGE. 



At a Council held at Philadelphia, on Wednesday IG March, 
1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c='- 

William Logan, Richard Peters, ^ j^-, 

James Tilghman, > 

The late Measures taken by the Government for regaining 
Frederick Stump and John Ironcutter, having proved ineiFectual, it 
was Judged expedient by the Board, that the Governor should issue 
a Second Proclamation, offering a new reward of Two hundred Pounds 
for bringing Frederick Stump to Justice, and One hundred Pounds 
for John Ironcutter, and Publish a Description of their Persons. 
The Concurrence of the Commissioners appointed by Law, passed 
the 17th of February last, for raising and applying three thousand 
Pounds for the Purposes therein mentioned, being obtained with 
respect to the said Rewards, a Proclamation was immediately pre- 
pared, approved, and ordered to inserted in the Pennsylvania 
Gazette and Journal, and two hundred Copies of the same were 
directed to be Printed on Soperate Sheets, to be dispersed through 
the Province. The Proclamation follows in these Words, viz' : 

"j5y the Ilonouralle JOHN PENJST, Enquire, Lieutenant Gov- 
ernor and Comviandcr-in-Chiefof the Province of Pennsylvania ^ 
and Counties of New Castle, Kent, and Sussex, on Delaware: 

"A PROCLAMATION. 

" Whereas, a Number of armed Men unlawfully assembled, 
did, on Friday the 29th of January last, foreeably enter the Goal of 
Carlisle, in Cumberland County, and in Defiance of the Laws,, 



• PROVINCIAL COUNCIL. 489 

rescue from thence the Persons of Frederick Stump and John 
Ironcutter, who had been apprehended and committed there for the 
Murder of Ten Indians on Middle Creek, and have since set them 
at Liberty; And Whereas, the Measures hitherto pursued for re- 
taking the said Stump and Ironcutter have proved ineffectual, and 
there is reason to believe that the Murderers are either con- 
cealed within this Province, or have made their Escape to some of 
the neighbouring Colonies ; And Whereas, it is absolutely necessary 
in the present critical Situation of Affairs, for the Preservation of the 
Peace and Friendship subsisting between His Majesty's Subjects and 
the several Indian Nations, and it is also highly expedient for the 
Discouragement of such atrocious Crimes, that the said Frederick 
Stump and John Ironcutter Should be brought to exemplary Punish- 
ment: 

"I have therefore, with the Advice of the Council, thought fit to 
issue this, my second Proclamation, hereby strictly charging and 
commanding all Judges, Justices, Sheriffs and f 'onstables, and other 
officers, as well as all other His Majesty's subjects within this Go- 
vernment, to make diligent search and enquiry after the said Frede- 
rick Stump and John ironcutter, and to use all possible Means for 
apprehending and securing them, that they may be proceeded 
against, according to Law. And as an Encouragement for bringing 
the said offenders to Justice, I do hereby promise and engage, that 
any Person or Persons who shall apprehend and secure the said 
Frederick Stump and John Ironcutter, so that they be prosecuted 
to Conviction, shall have and receive as public Rewards, for Frede- 
rick Stump Two Hundred Pounds current INIoncy of this Province, 
and for John Ironcutter One Hundred Pounds, and for the better 
discovery of the said Stump and Ironcutter, I have caused a de- 
scription of them to be published at the Foot of this Proclamation. 

" Given under my Hand and the Great Seal of the said Province, at 
Philadelphia, the sixteenth day of March, in the year of our 
Lord one Thousand seven hundred and sixty-eight, and in the 
eighth year of His Majesty's Reign. 

"JOHN PENN. 
*'By his Honour's Command, 

Joseph Shippen, Jun'- Secretary. 

"GOD SAVE THE KING." 



Description of Frederick Slump and John Ironcutter, viz : 

Frederick Stump, born in Heidleberg Township, Lancaster Coun- 
ty, in Pennsylvania, of German Parents. He is about 33 Years of 
Age, five feet eight Inches High, a stout active Fellow, and well 
proportioned, of a brown Complexion, thin visaged, has small black 
eyes with a Down-cast Look, and wears short black Hair. He 



490 MINUTES OF THE 

speaks the German language well, and the English but indifferently. 
He had on when rescued, a light brown Cloth Coat, A blue Great 
Coat, an old Hatt, Leather Breeches, blue Leggings, and J\Iockasons. 
John Ironcutter, born in Germany, is about 19 Years of Age, 
■five Feet six Inches high, a thick clumsy Fellow, round shouldered, of 
a dark brown Complexion, has a smooth full Face, Grey Eyes, wears 
short brown hair, and speaks very little English. He had on when res- 
cued a Blanket Coat, an old Felt Hat, 13uckskin Breeches, a pair 
of long Trowsers, course White Yarn stockings, and Shots with 
Brass Buckles. 



The Governor received a Letter yesterday from George Croghan, 
Esquire, Deputy Superintendant for Indian Affairs, acquainting 
him that he was about to proceed to Fort Pitt, by Orders of Sir 
William Johnson, in order to condole with the Western Indians in 
behalf of this Province, whom he expected to meet there by the 
25th of this Month, and that if any Commissioners were appointed 
to represent this Province at the Treaty, and to see the Delivery 
of the Condolance Presents, they should set off in a few Days. 
His Honour thereupon directed the Secretary to dispatch Letters 
to the several Members of Assembly, appointed by the House to 
attend the Indian Treaty, requesting they would come to Town on 
Saturda}' next, to agree on which of them should undertake that 
Business, and to receive the necessary Instructions on the Occa- 
sion. 



At a Council held at Philadelphia, on Saturday the 19th March, 
1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
'nor, &c*- 

William Logan, Lynford Lardner, "1 

Richard Peters, Richard Penn, I Esquires. 

Benjamin Chew, James Tilghman, J 

The Governor acquainted the Board that having some time ago 
desired Colonel Armstrong to come to Town, in order to answer the 
Charges made against him of having opposed the execution of the 
Chief Justices Warrant requiring that Frederick Stump should be 
brought before one of the Justices of Oyer and Terminer at Phila- 
delphia, both He and Mr. Holmes, the Sheriff of Cumberland, were 
now in Town and ready to attend the Council, in order to be exam- 
ined with respect to their Conduct. Notice being immediately sent 
to them to appear before the Board, they attended accordingly. 



PROVINCIAL COUNCIL. 491 

They each related the Circumstances respecting the Detention of 
Frederick Stump in the Goal at Carlisle, the Reasons for taking 
that Measure, as well as the Manner and Cause of his Rescue, and 
then laid before the Board sundry Depositions in proof of what they 
respectively Alledged. 

It appearing in their Examination that they disagreed in some 
particulars, and that Robert Miller and William Lyon, Esquires, 
Justices of the Peace, were also concerned in preventing the exe- 
cution of the Chief Justices Warrant, the Council were of Opinion 
that tliey also should be examined with respect to their Conduct and 
Knowledge in this Matter, before any proper Judgement can be 
given on it. 

The Board therefore advised the Governor to give Directions that 
Mr. Millar and Mr. Lyons appear before the Council on the first 
Tuesday in May next, to which Time the further Consideration of 
this Subject is Postponed. 

John Ross and Joseph Fox, Esquires, of Philadelphia, Charles 
Humphreys & Isaac Pearson, Esquires, of Chester County, and 
William Rodman, of Bucks County, the five Members of Assem- 
bly named by House to attend the Treaty with the Indians, waited 
on the Governor this morning according to appointment, and ac- 
quainted him that the State of their Health and private Affairs 
would not admit of their taking a long Journey at this time, and 
desired to be excused from attending as Commissioners at the Trea- 
ty to be held at Fort Pitt. 



Tuesday the 22d of March, 1768. 
MEMORANDUM. 

The Governor having desired Mr. Galloway, the Speaker of the 
Assembly, to convene such of the Members as resided in the City, 
that they might consider of some other Persons whom they could re- 
commend as Commissioners to attend the Indian Treaty and to be 
joined with Mr. Shippen, the provincial Secretary, whom he had 
named as one instead of those who had declined, Mr. Galloway with 
two other Members, waited on the Governor and acquainted him 
that they could not think of any suitable Persons who were willing 
to go on that Service, and requested the Governor would appoint 
such Gentlemen as, he thought proper. His Honour was therefore 
pleased to nominate John Allen and Joseph Shippeo, Junior, 
Esquires, as the Commissioners. 



492 MINUTES OF THE 



At a Council held at Philadelphia, on Tuesday 31st March, 1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c. 

William Logan, Richard Penn, '\ 

Richard Peters, James Tilghman, v Esquires. 

Benjamin Chew, J 

The Draught of a Commission and Instructions to John Allen 
and Josepli Shippen, Junior, Esquires, appointed to attend the 
Treaty to be held with the Indians at Fort Pitt, were laid before the 
Board, read, and approved, as was also the Draft of a Message to 
be delivered by them to the Western ludiaos after receiving such 
alterations or Additions as they with the Advice of Mr. Croghau 
should judge necessary to be made at Fort Pitt. The Commission 
and Instructions are as follow. Viz'-: 
" A Commission from the Governor to John Allen and Joseph 

Shippen, Junior, Esquires, to attend a Treaty with the Indians at 

Fort Pitt : 

[Z. S.'] ''The Honourable JOHN PENN, Es<iuire,Lmifenant Gov- 
ernor^ and Commander-in-Chief of the Provinceof Pennsyha7iia7 
andCounties of Newcastle, Kent, and Sussex, on Delaware : 
'• To John Mien and Joseph Shippen, Junior, of the Citi/ of Phila- 
delphia, Esquires, Greeting : 
" Whereas, in pursuance of a Law of this Province, passed the 
seventeenth day of February last, entitulcd ' An Act for raising 
and applying the sum of three thousand Pounds towards removing 
the present discontent of the Indians, regaining their Friendship. 
&c.,' the Commissioners therein named have, with my Consent and 
approbation, agreed that Twelve hundred Pounds, part of the said 
sura, shall be applied in defraying the Expencs of presents of Con- 
dolence to the several Western Tribes of Indians now about to as- 
semble at Fort Pitt, by the Invitation of Sir William Johnson, in 
Order to hold a public Treaty under the immediate direction of 
George Croghan, Esquire, Deputy Superintendant of Indian Affiiirs : 
^7id whereas, it is judged necessary that Commissioners should be 
sent on the part of this Province to attend the said Treaty, as well 
to distribute the several presents to the Indians, and to communi- 
cate the Messages of Condolance sent them by this Government on 
account of the Losses they have sustained by the Death of several 
of their People, as to confer with them on behalf of this Pro- 
vince, concerning such other matters as may tend to remove 
their present Jealousies and Discontent, and to preserve the Peace 
and Friendship subsisting between them and this Government. Now 
Know Ye, that Reposing special Trust and Confidence in your Loy- 
alty, Fidelity, and Prudence, / have thought fit to nominate and 



PROVINCIAL COUNCIL. 493 

appoint you, the said Julin Allen and Joseph Shippen, Commission- 
ers to attend the said Treaty with the Indians, in my room and 
stead, and to deliver to them such Messages as I shall give you in 
Charge, and make and distribute among them presents of Condo- 
lance in behalf of this Government, -with full Power to You, or 
either of You, to confer with them, or with their, or any of their 
Chiefs or Delegated, and to receive from them any Messages or An- 
swers which they may have to make respecting the Causes of their 
Complaint, Discontent, or Grievance, and concerning all and every 
other matter and thing which to You may appear necessary to be trans- 
acted, concluded, and agreed upon with the said Indians, so far as 
immediately concerns the Peace, Safety, and Interest of this Pro- 
vince in particular, as fully and amply, to all Intents and Turposes, 
as I myself might or could do, if I was persoually present. Hereby 
ratifying and holding firm and effectual whatever You, the said 
John Allen and Joseph 8hippen, or either of you, shall Lawfully do 
in and about the Premises. 

" In Testimony whereof, I have hereunto set my hand, and caused 
the Lesser Seal of the said Province to be affixed, at Philadelphia, 
the thirty-first day of March, in the Year of Our Lord one thou- 
sand seven hundred aud sixty-eight, and in the eighth year of 
His Majesty's Reign. 

"JOHN PENN." 



Here follows the Instructions. 

Instructions to John Allen and Joseph Shippen^ Junior, Esquires^, 
Commissioners to assist on the Part of the Provi^ice of Penvsi/l- 
rania, at a Conference to he held loith the several Tribes of Wes- 
tern Indians, at or near Fort Pitt, under the immediate direc- 
tion of George Croghan, Esquire, Deputy Superiatcndant of In- 
dian Affairs. 

" You are, with all convenient Speed, to proceed to Fort Pitt, and 
on your arrival there to communicate to the Commanding Officer 
your appointment to be my Commissioners to confer with the sev- 
eral Tribes of Indians that may be convened by .Mr. George Cro- 
ghan, at a general Convention to be held there, or at some other 
convenient Place in the Neighbourhood, and to desire his Presence 
and Assistance. 

" You are to shew to Mr. Croghan the Indian Speeches herewith 
delivered to you, and to take his Advice with respect to their Pro- 
priety, and if it should appear to him and yourselves that any Alte- 
rations in their form are to be made for the good of the Service, or 
that any thing material has been omitted, you have my Authority 



494 MINUTES OF THE 

to make such Alterations or additions. You will, likewise, con- 
sult with Mr. Croghan on any matters the Indians may say 
to you, that what you shall reply thereto may be done accord- 
ing to Indian forms and Customs. You are to assure Mr. 
Croghan that I have a great dependance on his Care and Judg- 
ment, in advising you in every thing to be done, that may con- 
tribute to remove their Jealousies, and establish a good and lasting 
Friendship between the Indians and this Province. You are to 
take every measure in your Power to discover the real Sentiments 
and designs of the Indians, and if you find them favourably disposed 
to us, to give them all the Encouragements in your Power to con- 
firm them therein; if otherwise, you are to endeavor to find out 
from whence such unfavourable dispositions have arisen, and to con- 
fer with them and endeavor to set them right. Should you find 
that the Settlements of their unpurchased Lands, especially those 
at Red Stone Creek and Cheat River, have given them uneasiness, 
or have been the Cause of their disaifection towards us. You are to 
inform them of all the several Steps which have been taken by me 
in this matter, for which Purpose you will take with you my several 
Proclamations, and the Laws lately passed, with all such Orders 
and Messages as I have sent to these People, to warn them off. — 
And as it is said by these Settlers, in their own vindication, that 
they had leave from, and were encouraged by some of the Indians 
to be in their Settlements, and to continue in them, contrary to the 
Laws of my Government, you are to enquire into the Truth of this, 
and if you find there is any foundation for it, you are'to remonstrate 
this as a practice which will defeat every measure I may take to 
prevent any Encroachments on their Lands, and on this occasion 
you v/ill remind them that they have repeatedly, and in the most 
solemn manner, engaged by Treaties not to sell any Lands within 
the Limits of this Province to any Persons but to the Pi-oprietaries. 

"As the minds of the Indians may be rendered greatly uneasy 
on Account of the late Murder committed by Frederick Stump and 
John Ironcutter on some of their Brethren, You are to acquaint 
them with the Account I have received of those Murders, and that 
it happened in consequence of some Violence offered to Stump's 
Family, and sundry other Provocations from those Indians. 

" As the Assembly of this Province have voted the Sum of Three 
Thousand Pounds for Indian Services, &c*., out of which Sum Sir 
William Johnson has wrote me word £1300 is necessary for him 
to lay out in Presents to the Indians now assembling at Johnson 
Hall, & £500 more is paid and allotted for the taking and securing 
of Frederick Stump; so that there remains only £1200 for this and 
other Indian Services. You are therefore to advise with Mr. 
Croghan what Sum will be necessary on this Occasion, and when 
that is agreed on you are to make out a proper assorted List of the 
Goods that are to be bought, and to draw on the Commissioners 
appointed by Law for the Amount thereof, according to the Proposal 



PROVIN'CIAL COUNCIL. 495 

of Mr. Croghan's to me that he would supply them of the best 
Kinds and Qualities at 25 "^ Cent, advance on the Philadelphia 
prices. You are to consider whether it may not be proper to re- 
serve a part of this Sum for any incidental Expenses that may arise 
on this or any other Indian matter. You are to endeavor to find 
out all the Relations of the deceased Indians, and to deliver to them 
such Presents of Condolance as shall be agreed on by you and Mr. 
Croghan, and to give the remainder as a Publick Present from the 
good People of this Province, to the other Indians that may be 
present at the Treaty. You are to take and keep exact Minutes 
of all your Conferences and Proceedings, and make Report thereof 
to me, and if any opportunity should offer from Fort Pitt to this 
place you are to write to me how you proceed. 

" There are always some private Indians of Note, who have great 
influence- over their respective Tribes; endeavor to find such out, 
Consult them and make them your Friends, which will be the 
means of having your Business more easily and better done. You 
may perhaps get from them the secret intentions of the Indians. 
Given under my Hand at Philadelphia, the thirty-first day of March, 

iu the Year of Our Lord, 1768. 

"JOHN PENN." 



Monday, April the 4th, 1768. 
MEMORANDUM. 

The Governor this day received by the Post, a Letter from Sir 
William Johnson, Baronet, dated the IGth of March last, inclosing 
an Extract from the Proceedings of the general Congress he had 
just held with the Six Nations, the Canada Confederacy and Chero- 
kee Deputies, which were ordered to be entered on the Minutes of 
Council, and are as follows, viz'' : 

»5 Letter to the Governor from Sir William Johnson. 

Johnson Hall, March 16th, 1768. 
"Sir: 

" Since my last Return of your Express I have had the Congress 
^ith the several Nations, and the most troublesome I ever held, 
yet I have the pleasure to acquaint you, that the Pains I took 
amongst the principal Indians in private, has produced a much more 
favourable Disposition in them than before, which is as much as 
I could possibly expect. To remove their discontent totally, when 
we consider the Nature and Number of their Grievances, was more 
than could possibly be done; nor can it be expected, till they ex- 
perience the Change in us. I inclose you that part of the proceed- 
ings which relates to the Affair in your Province, the rest, contain- 



496 MINUTES OF THE 

ing the Proceedings on behalf of the Cherokees, &c^' having no 
connection with it. 

" The disagreeable News of the late Murder reached the six 
Nations on their way hither, as well as that the Murderer had been 
rescued, which had the like to have occasioned them to return 
back. On their Arrival, their discontent was but too visible, 
and that Affair was considered by them as an Introduction 
to something worse, which their natural Jealously had long 
caused them to suspect, but the Pains I took with their 
Chiefs in Private, and the many Arguments I made use 
of fully to explain the Acts lately passed by the Province, and the 
Steps which were everywhere taking for the future prevention of 
Murders and encroachments, together with the Light in which I 
placed the Present ordered by your Government, produced as good 
an Effect as I had Reason to hope for, and brought them, in the 
End, to a more favourable way of thinking, in which I am hopeful 
they may be continued, if they find these Laws operating in their be- 
half. The Number of Indians who attended on this Occasion was 7G0, 
besides which, 70 more arrived during the Congress, some of whom 
were related to the deceased. These I took particular notice of, and, 
as I had laid out the Sum intended, in such Presents as would best 
agree with their wants, it has proved very agreeable to them. 

" I now take the liberty to draw on you, in favour of Mr. James 
Plyn, Merchant at Schenactady, or Order Jfor thirteen hundred 
Pounds, Pennsylvania Currency ; and suppose that Mr. Croghan is, 
by this time, enabled to proceed to Fort Pitt, agreeable to the In- 
structions 1 have sent him, to treat with the Indians in that Quarter, 
so as to put a Period to that disagreeable Business, which I have 
endeavoured, to the best of my Power and Influence, to conclude in 
the best manner -for the Peace of the Province. 

" I am so hurried at this time, in sending off part of the Chero- 
kee Delegates by land, with a large Body of the Sis Nations to 
escort them Home, by the way of Fort Pitt, that I have only time 
to assure you of my readiness always to serve you and the 
Family. 

"As I am, Sir, 

" Your most Obedient and very humble Servant, 

"W. JOHNSON. 

"P. S. A Gentleman from Connecticut, who dined with me 
Yesterday, told me that that Government was determined to send 
home a Agent in the Spring to Sollicit the Susquehanna Affair.'* 

Jlei'S folloios the Extract. 

Extract from the Proceedings of a General Congress of the Six 
Nations, the Chiefs of Goghnawngey, and the Seven Confederate 
Nations of Canada, and the Deputies sent from the Cherokee Na- 



PROVINCIAL COUNCIL. 497 

lion to treat of Peace with the former, before Sir William John- 
sen, Baronet, at Johnson Hall, in March 17G8. 

March 4th, Sir William opened the Congress. 
present: 

Sir William Johnson, Baronet. 

Sir John Johnson, Knight. 

Gu"^ Johisln' 1 E^T^"'^^' Deputy Agents for Indian Affairs. 
Mr. Michael Byrne, Commissary for Indian Affairs. 
Lieutenant Frazier, Mr. Robert Adams, Mr. Denniston. 
John Butler, Esouire, ? Interpreters for the six Nations and Ca- 
Mr, Perthins, 3 nada Indians. 

Mr. John Watts, Cherokee Interpreter. 

Sir William having propounded the Cause of their Meeting, and 
Condoled with the Indians on behalf all his Majesty's Subjects 
for the late 'Murders, particularly that of 10 Indians in Pennsylvania, 
told them that he should in due time speak to them in the Name of 
the Governor and People of that Province thereon, to which the 
Indians answered as follows : 

" Brother Gorah Warraghiyagey : 

•' We give thanks to the great Spirit for enabling us to meet this 
day, after so many accidents as have befallen us, and we thank you 
for what you have said to us, which we have hearkened to with great 
Attention. We feel ourselves something easier since you spoke to 
VIS, and according to the Manner of our Forefathers, removed those 
Objects from before our Eyes which have given us Pain. Brother, 
We and our Dependents have been for some time like Giddy Peo- 
ple, not knowing what to do; where ever we turned about we saw 
our Blood, and when our Young Men wanted to go hunting the 
Wild Beast« in our Country, they found it covered with Fences, so 
that they were weary crossing them ; neither can they get Venison 
to eat or Bark to make Hutts, for the Beasts are run away and the 
Trees cut down. The French told us this would come to pass ; and 
when our young Men sit down hungry in hot Weather, and find no 
Trees to shelter them, it makes them soon get drunk. Brother, 
we have got a great deal to .say about these things, but as you have re- 
membered our old Ceremonies, taken the Hatchet out of our Heads, 
and given us such good Words, we will do in like manner by you.'' 

Then went through the Ceremony of Condolence with String!? 
and Belts, and buried the Axe, but did not as usual take it out of 
the Heads of the English. 

March 5th, 6th, & 7th, was spent on the Cherokee affairs. March 
S, after some Condolances amongst themselves, Sir William assem- 
bled them, and spoke as follows : 
VOL. IX. — 32.' 



4&8 MINUTES OF THE 

" Brethren : 

" We are not ignorant of some private Conferences you hare 
held, and ol others which are intended shortly. We have heard of 
the lioss of some of oar own People, and of the Threats of yours. 
We acknowledge that some of the English have lately injured you, 
hut these whenever apprehended, will meet with just Punishment. 
Of this I have already spoke, and shall say much iBore to you to 
Morrow, and, as I hope, quiet your minds thereon. At the same 
time, let me observe to you, that it is the duty of all those who 
are bound by the same Chain in the Bond of Friendship, to com- 
municate their Grievances withoat taking any private Resolutions 
of their own ; this I hope you will do ingeniously, and I believe I 
partly know all that you can say, at the same time be assured^ 
that the Great King, and his people, aye sincerely disposed to pro- 
mote your "Welfare, and not suffer you to be injured, and that your 
several Grievances are now before the King, who has fallen upon 
Measures for your Redress, and for the future Security of your 
Persons and Property's, but the Misconduct of many of your Peo- 
ple, and the Nature of your Coraplaints, have made it a work of 
time before such steps could be taken as could effectually guard us 
both from Injury. In proof of the Truth of what I now say to 
you, and on which you may firmly rely, here is a Letter which I 
have just received from the Earl of Shelburne, one of the King's 
first Ministers, wherein he assures me of it, and likewise desires 
that you may have Notice to attend early in the Spring, in order 
to settle the Boundary Line, as a farther Security to your Proper- 
ties ; then explained such parts as were necessary of Lord Shel- 
burne's Letter, told tbem that he hoped they would have a due 
sense of the Purity of our Intentions, as a proof of which, he ex- 
pected that they cast away all thoughts of resentment. 

Gave a large Belt. 

P. M., after a private Conference amongst themselves they as- 
sembled ; when their Speaker, after having thanked the Great 
Spirit for the present Meeting and requesting Sir William to 
give attention to what they were going to say, addressed him as 
follows : 
" Brother : 

" We have often pat you in mind of the maDy Promises which 
were made to us at the beginning of the late War by the Generals^ 
Governors, and by Yourself; from all which we had the strongest 
Reason to expect that the Event of your Success would have proved 
greatly to our Benefit, that we should be favoured and Noticed, that we 
should not be wronged of our Lands or of our Peltry, that every 
encroachment should be removed, and we should live in Peace and 
Travel about without Molestation or Hindrance; at the same time 
the French told us that what was said was not true nor from your 
JHeartS; and that the Day you got the better of them would be the 



PROVINCIAL COUNCIL. 4^ 

first day of our Misfortunes, you persuaded us not to believe them, 
but we have found it since too true, we soon found ourselves used 
ill at the Posts on the Frontiers and by the Traders. The People 
who had formerly wronged us, and who did not chuse to ven- 
ture before to take Possession of our Rights, then rose up to 
crush us. 

The Rum Bottles hung at every door to steal our Land, and in- 
stead of the English protecting of us as we thought thoy would do, 
they employed their superior Cunning to wrong us; they Vlurder- 
ed our People in Pensilvania, Virginia, and all over the Country, 
and the Traders began more and more to deceive, and now neither 
regard their own Character or the Officers sent to take Care of the 
Trade; so that if we are wronged who is to help us? we can't 
ramble over the Country for Justice, and if we did, we begin now 
to grow Old and Wise, and We sec that your Wise Men in the 
Towns will always be against us. Your People came from the Sun 
rising, up our Rivers to the West, and now they begin to come upon 
us from the South ; they have got already almost to Fort Pitt, but 
nothing is done to drive them away. You can't say that we have 
not often complained of this, and if You are not able or willing to 
do it, we can and must do so soon, or they will eat us up, for your 
People want to chuse all the best of our Lands, tho' there is enough 
within your part, with your own Marks upon it, without any Inhabi- 
tants 
" Brother : 

"This is very hard upon us; but it is not all, for the Road 
through the Country is no longer safe. The Pensilvanians and Vir- 
ginians Murder all those of our People they can meet, without any 
Reason, and instead of leaving off, as you told us they would, they 
have Murdered Ten the other Day, two of which are our own People, 
the rest are our Young Brothers and Nephews, that depend upon 
us; yet, you won't take the Murderer, or do any thing to hira. 
You are Wise ; You have Government and Laws, but you don't 
prevent this ; You often tell us we don't restrain our People, and 
that You do so with Yours ; but, Brother, your Words diifer more 
from your Actions than ours do. We have large, Wide Ears, and 
we hear that You are going to settle great Numbers in the Heart 
of our Country, and our Necks are stretched out, and our Facesset 
to the Sea-Shore to Watch their Motions. 
" Brother : 

" You that have Laws, and say you can make your People 
do what they are desired, should prevent all this, and if they won't 
let us alone you should shake them by the Head. We believe that 
you are wise, and that you can do all this, but we begin to think 
that you have no Mind to hinder them. If you will say yi)u can't, we 
will do it for you ; our Legs are long, and our Sight so good that 
we can see a great way through the Woods ; We can see the Blood 



600 MINUTES OF THE 

you have spilled, and the Fences you have made, and surely it i» 
but riglit that we should punish those Vfho have done this Mischiefs 
"Brother: 

''This is the Truth; it comes from our Hearts; -svhy should we 
hide it from You. If you won't do Justice to our Fathers, the Mo- 
hocks, who are going to lose the Land at their very Doors ; if you 
wont keep the People away from the Rivers near Ohio, and keep 
the Eoad open, making Pensilvania and Virginia quiet, we must 
get tired looking to you, and turn our Faces another way. 

Gave a large Belt. 

Then gave Thanks to His Majesty for what they had heard ob- 
served, that the Cherokces had given them such an Account of 
their Boundary Line, that they wished it might be made more ad- 
vantageous for them, the Six Nations. 

Sir William replied, that He was .sorry they enlarged on Subjects 
he had so often answered, that the Redress of their Grievances waa 
much more attended to by the English than they imagined ; and 
after recommending it to them to remove all evil thoughts from their 
Hearts, added that he would the next day speak to them farther 
thereon. 

Then Adjourned till next Day. 



At a Congress, March the 9th, with the before mentioned NationS; 
Sir William spoke as follows : 
"Brethren : 

"When I condoled Your late Losses on the part of His Majesty, 
and his Subjects in General, I then told you that I would, after the 
Treaty with the Cherokees was over, speak to you more particularly 
on the Subject of your Losses, in the name of the Governour and 
Inhabitants of Pensilvania, and acquaint you with his Resolutions, 
and that of his Assembly thereon. As the Peace is now happily 
concluded between you and the Cherokees, which I have had long 
at heart, and expect that you will all pay due regard to, I shall 
now speak farther to you on the Subject of your Losses, and the 
Steps taken by Pensilvania in Consequence thereof; and I exhort 
you all to hearken to what I say upon it. 

3 Strings. 
" Brethren : 

"The late unhappy Affair seems to have begn occasioned by Rum, 
that fatal Liquor to so many of your People. I do not say this to 
palliate the Murders, but to show you the pernicious Eifccts of 
Drunkenness. 

" The Six first Indians that were murdered by a Man called 
Fredtrick Stump, at Middle ('reek, in Pennsylvania^ are said to 



PROVINCIAL COUNCIL. 501 

have been at his House, Drinking, and were greatly disguised, and 
as is too often the Case, very troublesome. Instigated, therefore, 
by the Evil Spirit, who delights in Blood, he killed them, namely: 
one Seneca, and three other Men, said to be Mohickon Indians, and 
two Women, and afterwards went to a Place at some IMiles distance 
from his House, where he killed one Women, two Girls, and one 
Child, in all ten Persons, after which he went off; but some good 
Man who heard of it, pursued and apprehended him, and brought 
him to Goal, from whence some bad People found Means to force 
him. Whereupon the Magistrates and others, took every possible 
Step to find him out and bring him to Punishment ; this is the 
Truth (So that You were misinformed by the Report that the White 
People did not chuse to take him). 

" The Governor, when he heard of it, was greatly exasperated, 
and the assembly, who were then met, and passing some good Laws 
for your Benefit, were ready to do any-thing for apprehending the 
Murderer. The Governor hereupon issued a Proclamation for his 
being taken, for which he offered a Re\^ard of £200, as a Proof of 
"whch here is the Proclamation which was sent, that you might see 
the good Intentions of that Province, 

Here shewed them the Proclamation, which was afterwards Read 
and Explained. 

Then Proceeded: 
^' Bretheren : 

" Besides the Sum mentioned in the Proclamation, a larger Sum 
is provided for rewarding those who take the Murderers, and as so 
many are in Quest of them, there is great Reason to expect that they 
will be apprehended ; and for your farther Security that Province 
has passed good Laws for punishing in the most severe Manner, all 
tliose who shall attempt to use you ill, or settle upon your Lands, 
and are determined to remove every Grievance in their Power, as 
quick as possible; at the same time they desire you to consider that 
they expect you will be as readily disposed to make them Retalia- 
tion whenever your People Act amiss towards them, and that you 
should remember they have had Ten Men Murdered going down the 
Ohio, by some Indians, and also, one in a Shawanese Village, and one 
near Fort Pitt, sinc3 the last Peace-, and that no Peace can be lasting 
unless mutual Satisfaction be made for such Acts of cruelty. As a 
proof of the Sincerity of the Intentions of Pennsylvania, and to convince 
you that this late affair was the Act of only One, and that it gives 
great concern to the People, they have now voted, besides the Money 
they will give for the Murderer, the Sum of £2500 ; £1300 of 
which I have now to give you as a Testimony of. their Love, to re- 
move your Grief, and the remainder, being £1200, will be given by 
my Deputy, Mr. Croghan, at Fort Pitt, for the same Purpose, to 
the Tribes of that Country, and the Relations of those People who 
were Murdered. These things I have been impowered to inform 



602 MINUTES OF THE 

you by the Goyernor, Assembly, and People of Pennsylvania, anii 
I give yuu this Belt to confirm it. 
Gavv: a Belt. 

"Bretheren: 

"I liavf already gone through the usual forms of Condolance 
with y()]x for such Losses as you have met with by the English, and 
taken the Axe out of your Heads, and by this Belt I do now the 
same on behalf of the Governor and People of that Province, and 
in particular, burying the Axe under the Roots of the Tree, clear- 
ing your Sight and your hearing, and removing all Cause of un- 
easiness from your fletirt, as well on Account of those lately 
Murdered, as of those unhappy People who were murdered there 5 
years ago, concerning whom, 1 hope you will be no further uneasy, 
after what I have now to say to You, and what I have formerly 
said an(i done thereupon. And I now carefully gather together the- 
Bones of all those who have been Murdered in that Province, and' 
I bury them in a deep Pit, which I cover over with so much Care, 
that ii ,^hull not be found out, to offend your Eyes; and over all, 
I lay tiiis Present, from that Province, to be divided amongst you,, 
in memory of their Friendship for you, which is so warm and in- 
vigorating, that when you take up this Present, you will find the 
Grass and Herbage already large and Green over the Graves of 
your People, so that you will never more be able to discover them. 
This is what your Brothers of Pennsylvania have to say to you. I 
expect J, (lu will remember it, and regard them for it, and that put- 
ting aw.iy all Malice and evil Thoughts, you will forever hereafter 
live Willi them on terms of strict Friendship and Affection, and by 
your {lacific Conduct, and readiness to do them equal Justice, en- 
title ynurselves to a Continuance of their Regard, always remem- 
bering they are your Fathers, the great King's Subjects, and your 
Frieuos and well-wishers. 

Ga\ A Belt. 
*< Bret-,.. 11 : 

" I u;/, c heard and committed to Writing all that has passed dur- 
ing thi> :. resent Cougress, and I have said enough to convince any 
sensibl People of the Purity of our Intentions, as you may all 
justly cr iiclude, that a Nation, so great and Powerful as the English 
are, wm 11 take very different measures if they designed to deprive 
you of tour Liberty. I have shewn you what His 5lajesty intends 
to do lor your future Security, and I have likewise shewn you the 
Bteps tak ;n by Pennsylvania for your Satisfaction and redress. Let 
ill this ii:ake a deep Impression on your Minds, and wait the Issue 
of these Measures with a Confidence in our Justice. 

A Bo,.. 

" Bretheren : 

"Before we part I have only a few things more to say to you, 
First to put away all guile from your Hearts, and never to think of 



PROVINCIAL COUNCIL. 503 

any l^ad things which are past,but to expect the G-ood which is near 
at hand; and I exhort you as you love your own happiness, to har- 
bour no farther resentment against his Majesty's Subjects in gene- 
ral, or any one Province in particular; for they are all Members of 
the same Body, and therefore, you should send agreeable News to 
all your People,acquainting them with the good work now conclud- 
ed, and if after all any prove discontented or about to disturb the 
Public Tranquility, you should take them by the Head as you re- 
commended us to do with ours. The next thing which I have to 
desire is, that you wiH make the Treaty of Peace you have entered 
into with the Cherokees as public as possible, as far as your influ- 
ence extends; cautieaing them Nations against doing any thing ia 
violation of it, as they regard their own Peace, that, you will often 
repeat this to your Young Men and to your Children, and that some 
of you will accompany the Cherokee Deputies and make the road 
■wide and safe for Travelling, and also, as a farther Testimonial of 
what you h:ive agreed to, that you subscribe to the same on these 
Parchments, one of which, together with the Cherokees Belt and 
Eagles Tailj will remain here ar_d the other be sent to Mr. Stewart 
in Carolina, to be seen by all Nations. 

A Belt. 

The Treaty being S'^bscribed to, Sir Willi&m addressed the Sir 
Nations, &e. 
" Brethren : 

" I hope all is finisiied between ue for the present; there OQly re- 
mains for you to receive this Portion of his Majesty's Bounty to 
keep you warm as you travel in Cold Weather. 

Shewed the Present on behalf of the Crown^ and on the other 
side that of Pennsylvania, and proceeded: 

" Here is also the Present on behalf of Pennsylvania to the 

Friends of those who are Dead, to remove their Grief and prove a 

Testimony of their Love for you all, which. I expect will cover all 

that is p; St. You that aie of the same Blood shall take it to wipe 

.away their Tears that was Shed, and so let all be forgotten. 

Delivered the Presents and told them, he had finished the Busi- 
ness of the Meeting. 

TbereupoQ, -the Speaker for t'hc Indians arose aud said : 
•''Brother: 

'* We have heard all you said to us, which we shall take isto our 
^onsiderarioE, and judge it neees-?ary to give you an answer there- 
■upon to-morrow. We at present express our thanks to the G-reat 
King, and to our Brothers of Pennsylvania for their Sense of our 
Wants by giving us such a Present at this Time to dry up our 
Tears." 



504 MmUTES OF THE 

Friday, 11th, P. M. 

The Six Nations, Coghnaivagey Confederacy, and the Cherokee- 
-Deputy's, Assembled io the Council room.. 

Thomas King, Speaker. 
•" Brother Gorah Warraghiyagey, 

" You yesterday approved of the Peace we hare now raade with 
the Cherokees, and recommend it to us to keep it inviolably, as it 
would be for our and their Interest. You likewise told us, it would 
be agreeable to his Majesty to have Peace established, and con- 
tinued throughout this Continent. 
^'Brother: 

" You may depend upon it, that the Peace we have now made 
with the Cherokees is sincere, and we request that the great Spirit 
may direct and enable us to keep it inviolable, for we look upon 
thena now as the same Flesh, Blood and Head, and hope we shall 
ever remain so; lastly, we are to assure you that what we have 
now done, being agreeable to you, affords us the greatest satisfac- 
tion." 

A Belt. 

After repeating what was said Yesterday, coDcerniag the m«rders 
committed in Pensilvania, the Speaker said 

'' Brother Gorah Warraghiyagey, 

" We heard with the utmost attention what you said to us yes- 
terday, atjd we thaak you for reminding us of our Old Customs^ 
that whenever any of us were aggrieved we should not immediately 
takfi revenge,^ but endeavor first to obtain Justice from those who- 
had been guilty of the Injury. 
" Brother^ 

" We are disposed from what you hare said, so to do, and we will 
put it fr023 our Miads, but we tell you^ sincerely that we expect 
Justice acd redress of our grievances when we are injure^l, and 
when we do not receive it, our Minds must get disturbed, and lead 
us So do Wild Things, which we have not yet done. The people 
who were killed to the Southward, and on Ohio, having fallen by 
ihe Hands of the Indians of Lake Huron ; as you know these In- 
dians confess this is the Truth, it tomes frou^ our Hearts. * 

Gave 3 Strings. 
•'Brother: 

We thank you for having xecoH>men.ded to its,, to send some of 
our People with, the Cherokees, who go by I^and to their Country, 
to open the road and protect thera by the Way, on which Subject 
you shall hear more of miiids directly fjona the Warriors. 

Gave 3 Strings. 
^' 3>rotheT : 

" We agree with you in r/jaking public to all INfations, the Trea>- 
4y made with the Cherokees, and of our having joined in bu-rying. 



PROVINCIAL COUNCIL. 505 

the Axe, since the late murders in Pensylvania, and to this end, 
We deliver this your Belt over to the Coghnawageys, that they 
may communicate it to all their Friends and Allies, whilst We 
think it necessary that your Deputy at Fort Pitt should do it, in 
doing the like to the Southward. 

Gave over the Belt to the Coghnawageys. 

Then Thomas King stoop up, and said : 

" Brother Gorah Warraghiyagey, And you, Brothers of the Six 
Nations, and Canada Confedaracy, hearken to what our Warriours 
have to say. 

Whereupon Tagawara, a Chief Warrior of Oneida, stood up, and 
said: 
" Brethren : 

"We, the Warriors, think it necessary to remedy a mistake, or 
Omission, of which our Sachems were guilty, when We treated with 
the Cherokees. They then left their Axe sticking so^that the 
handle of it would strike against the Bushes, as they travelled ; 
We now take it quite out and bury it, as it ought to be, healing up 
the Wound, so as it shall not be seen on their Arrival in their own 
Country. 

A Belt. 

<' Brothers : 

'' We have farther considered that several of the Bones, both of 
the Cherokees and of our People, lye strewed along the Path leading 
to the South, which might, as the Road is now opened, turn the 
Heads of our People as they travelled along the Path ; We now, 
therefore, collect the Bones of both People, and after the manner 
of our Ancestors, We inter them in a deep Pit, so that the Water 
shall carry them away for ever from our Sight. 

A Belt. 
" Brothers : 

" Our Sachems, in Answer to your desire that some of us should 
accompany you home by Land, expressed their disapprobation 
thereat, least some Accidents might happen thro' means of bad 
People, who may now be abroad, and are ignorant of this Treaty. 
Tho' they meant this for the best. We differ from them, and have 
agreed that some of every Nation shall take them by the Hand ; 
And least it might be at first dangerous to go thro' the Towns and 
War Paths, till the good News is spread, We will conduct those 
who go by Land by a Rout on the one side, where they may travel 
secure and arrive in Safety at their own Homes. 

A Belt. 
'< Brothers : 

" Our Chiefs did not inform you that there was a small Hatchet 
still out against your People. We tell you now of it, that you 
may not hereafter accuse us of Deceit ; and should any Mischief be 



506 MINUTES OF THE 

done thereby, We desire you not to consider it as a Public Act, 
these Persons being ignorant as yet of this Treaty, and therefore, 
until they are informed of it, let not any Action of theirs be con- 
sidered as a Breach of this Treaty, but let it be forgotten. 

3 Strings. 

Sir William then addressed them as follows : 
" Brothers : 

" I thank you for all the Unanimity you have shewn at this Con- 
gress, and for the desire you seem to express for Peace. I hope it 
will penetrate your Hearts, and that you will pay due Regard to 
what is past. I have only to add, that you should be in Readiness 
to meet me in about 2 months, to Ratify your agreement concern- 
ing the Boundary Line, which His Majesty, in his Wisdom, has 
agreed to for your future Security. 

Then dissolved. 



Saturday 12th. 

Seventy of the Indians of Susquehanna arrived, some of whom 
were closely Connected with those lately Murdered in Pensilvania. 
After a Conference, Sir William brought them into the Sentiments 
of the rest, and gave them a present as a Condolance for their 
Loss. 

The foregoing is a true Extract from the Proceedings at the 
general Congress therein mentioned. Examined by me. 

" G. JOHNSON, D. Agent, as Secretary." 



Saturday April the 16th, 1768. 

The Governor received from The Reverend Mr. John Steel, John 
Allison and Christopher Lemes, Esquires, and Captain James Pot- 
ter, a Letter dated the 2d Instant, containing an Account of their 
Proceedings at Redstone Creek, &c''' in pursuance of the Gover- 
nor's Instructions of the 24th of February last, and also a Letter 
of the 11th Instant, from Mr. Steel, which are as follow, viz'- : 

"Fort Cumberland, April 2d, 1768. 

" May it please your Honour : 

" Having in our Return reached Fort Cumberland, and being 
here to part, We concluded it necessary to prepare an Extract from 
our Journal of what appeared to us most important, which We Or- 
dered to be transmitted to your Honour by Mr. Steel. 

" We arrived at the Settlement on Red Stone, on the twenty- 
third Day of March. The People having heard of our coming 
had appointed a Meeting among themselves on the twenty-fourth, 
to consult what Measures they should take. We took the advan- 



PROVINCIAL COUNCIL. 507 

tage of this Meeting, Read the Act of Assembly, and Proclamation, 
explaining the Law, and giving the Reasons of it as well as we 
could, and used our Endeavours to persuade thera to comply, al- 
lodging to them that it was the most probable Method to entitle 
them to favour with the Honourable Proprietaries when the Land 
was purchased. After Lamenting their distressed Condition, they 
told us the People were not fully collected, but as they expected 
all would attond on Sabbath following, and then they would give us 
an Answer. 'J'hey, however, affirmed that the Indians were very 
Peaceable, and seemed sorry that they were to be removed, And 
said they apprehended the English intended to make War upon the 
Indians, as they were moving off their People from their Neigh- 
borhood. 

" We laboured to persuade them that they were imposed on by a 
few straggling Indians, that Sir William Johnson, who had inform- 
ed our Government, must be better acquainted with the mind of the 
Six Nations, and that they were displeased with the White Peo- 
ple's settling' on their unpurchased Lands. On Sabbath, the 
twenty-seventh day of March, a considerable Number attended, 
(their Names are Subjoined) and most of them told us they were 
resolved to move off, and would Petition your Honour for a Prefer- 
ence in obtaining their Improvements when a Purchase , was 
made. VVh;ie We were conversing we were informed that a 
number of Indians were come to Indian Peters; We judg- 
ing it raiiiiit be subservient to our main design, that the 
Indians should hi present, while We were advising the People 
to obey the :-aw, sent for them; They came; and after Sermon de- 
livered a Sp •■eh, with a String of Wampum to be transmitted to 
Your Honour. Their Speech was, "Ye are come, sent by your 
Great Men, to tell these People to go away from the Land, 
which Ye say is ours, And We are sent by our Great Men, and are 
glad We ha\ met here this day. We tell you the White People 
must Stop, id We stop them 'till the Treaty, and when George 
Croghan, aui our great Men will talk together, we will tell them 
what to do. ''he Names of the Indians are subjoined. The Indians 
were from ti:o Mingo-Towu, about Eighty Miles from Red Stone. 
After thi.s tL,; People were more confirmed that there was no dan- 
ger of War. They drop't the design of Petitioning, and said they 
would wait i.'.e issue of the Treaty; Some, however, declared they 
would move 'If. We had sent a Messenger to Cheat River, and to 
St^jwart's Cicssings, of Yougheogenny, with Several Proclamations, 
requesting lliem to meet us at Guesse's place, as most Central for 
both Settleiii nts. On the thirtieth of March about thirty or 
fourty Men wiet us there; We proceeded as at Red Stone, reading 
the Act of A -sembly, and a Proclamation, and endeavoured to con- 
vince them oi' the Necessity and Reasonableness of quitting the un- 
purchased L ,nd, but to no Purpose; They had heard what the In- 
dians had sa< I at Red Stone, and reasoned in the same manner, de- 
claring they had no Apprehensions of a War; that they would at- 



568 



f 



MINUTES OF THE 



tend the Treaty, and take their Measures accordingly. Many se- 
vere Things were said of Mr. Croghan, and one Lawrence Harrison 
treated the Law, and our Government, with, too much disrespect. 
On the thirty-first of March, We came to the great Crossings of 
Yougheogenny, and being informed by one Speer, that eight or ten 
Families lived in a Place called Turkey-Foot, We sent some Procla- 
mations thither by said Speer, as We did to a few Families nigh 
the Crossings of little Yough, Judging it unnecessary to go amongst 
them. It is our Opinion that some will move off in Obedience to 
the Law, that the greatest Part will wait the Treaty, and if they 
find that the Indians are indeed dissatisfied, We think the whole 
will be persuaded to Remove. The Indians coming to Red Stone, and 
delivering their Speech, greatly obstructed our design. 
" We are, your Honour's most obedient, 

" most humble Servants, 
"JOHN STEEL, 
"JOHN ALLISON, 
"CHRISTOPHER LEMES, 
"JAMES POTTER. 
"To the Honourable John Penn, Esquire, Lieutenant Governor, 
and Commander-in-Chief of the Province of Pennsylvania, &c^- in 
Philadelphia." 

The Indians Names who came to Red Stone, Viz*- : 



Captain Haven, 
Captain Hornets, 
Captain Mygog Wigo, 
Captain Nogowach, 



Captain Strikebelt, 
Captain Pouch, 
Captain Gilly, 
Captain Slewbells. 



The Names of the Inhabitants near Red Stone 



John Wiseman, 
Henry Prisser, 
William Linn, 
William Colvin, 
John Vervalson, 
Abraham Tygard, 
Thomas Brown, 
Richard Rodgers, 
John Belong, 
Peter Young, 
Geo. Martin, 
Tho'- Down, 
And*^' Gudgeon, 
Phil. Sute, 
Jam'- Crawford, 
John Peters, 



Henry Swats, 
Jos. McCleon, 
Jesse Martin, 
Adam Hatton, 
John Verval, Jun'- 
Jam*- Waller, 
Tho'- Douter, 
Cap'- Coburn, 
Micheal Hooter, 
And"- Linn, 
Gabriel Conn, 
John Martin, 
Hans Cack, 
Dan'- McCay, 
Josias Crawford, 
One Provence. 



PROVINCIAL COUNCIL. 509 

Names of some who met us at Guesses Place : 

One Blonnfield, Richard Harrison, 

James Lyne, Phil. Sute, 

Eze Jdhiison, Jet Johnson, 

Tho'' Guesse, Henry Burkon, 

Char. Liiidsey, Lawr. Harrison, 

Jam'- Wallace, Ralph Hickenbottom, 

Names of the People at Turkey-foot : 

Henry Abrahams, Eze. Hickman, 

Eze. Dewit, Jn"- Euslow, 

Jam'- Spencer, Henry Euslow, 

Benj. Jennings, Benj. Pursley, 
Ju°' Cooper, 

A Letter to the Governor from the Reverend Mr. Steel. 

" Carlisle, April 11th, 1768. 
" May it please your Honour : 

" Upon my return to Carlisle, the 8th instant, I bad the Pleasure 
to see your Brother Allen, and Secretary Shippen, in their way to 
Fort Pitt. The Secretary requested a Copy of our Journal, be- 
lieving it might be of some Use to them, with which they were 
immediately furnished, and further advised me to wait an (Oppor- 
tunity, rather than hire an Express, to Transmit to your Honour 
our Papers, which I am favoured with in the present Bearer. Sir, 
there is one thing which, in preparing the extract of our Journal, 
happened to be overlooked, viz'-: The People at lied Stone allodged 
that the removing of them from the unpurchased Lands, was a 
Contrivance of the Gentlemen and Merchants of Philadelphia, that 
they might take Rights for their improvements when a Purchase 
was m--ide. In confirmation of this, they said that a Gentleman of 
the Name of Harris, and another called Wallace, with one Friggs, 
a Pilot, spent a considerable time last August, in viewing the Lands 
and (Greeks thereabouts. We promised to acquaint your Honour 
with this. 

" I am of Opinion, from the appearance the People made, and 
the best intelligence We could obtain, that there are but about an 
hundred and fifty Families in the different Settlements of Red 
Stone, Yougheogeny and Cheat River. 

''Sir, our Expences have arisen to a monstrous height, occasioned 
by the inclemency of the Weather, the Scarcity and dearness of 
Forage, and the tediousness of our Journey. With this I send the 
Acccuipt, with our Vouchers. There are in my hands a few 
Blankets, &c'' which I believe may bring three or four Pounds, 
which I have not had Time yet to sell. 



m MINUTES OF THE 

" We declined calling to our assistance any other Gentlemen as 
your Instructions gave allowance, as we judged the Number your 
Honour had appointed sufficient. Whatever Success our En- 
deavours may have, I would be glad you would believe we did faith- 
fully what we could. 

I am your Honour's most Obedient and humble Servant, 

JOHN STEEL. 
To the Honourable JOHN PENN, Esquire, Lieutenant Gov- 
ernor, &ca., in Philadelphia. 



Tuesday, 3d of May, 1768. 
MEMORANDUM. 

Colonel Armstrong, John Miller, and William Lyfuis, Esquires, 
having been notified by the Secretary, pursuant to tlh Governor's 
Directions, to appear at the Council Board on this Day, His 
Honour desired them to give their attendance on Friday the 6th 
instant, as two Members were only present. 



At a Council held at Philadelphia, on Friday the 6th of May, 

1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gov- 
nor, &c'- 

William Logan, Richard Penn, \ „ 

Benjamin Chew, James Tilghman, j ^ 

Colonel Armstrong, John Miller, and William Lyons, Esquires, 
appeared at the Board, according to appointment, and were severally 
examined with respect to their own Conduct in the Detention of 
Frederick Stump in the Goal at Carlisle, as well as all that they 
knew in regard to his Rescue from the Hands of Justice. The 
Board then agreed to take this Matter into further Consideration, 
and appointed a Meeting of the Council on Thursday the 13th 
instant, in Order to come to a final Result on the Subject. 

Messieurs Miller, Armstrong, and Lyons were therefore directed 
to attend the Board again on that Day. 

The Governor then laid before the Board a Transcript of the 
Record of Conviction of David Smith at a Court of Oyer and Ter- 
miner and General Goal Delivery, holden at Philadelphia for the 
County of Philadelphia, on the 11th day of April last, before 
William Allen, John Lawrence, and Thomas Willing, Esquires, 
Justices of the Supream Court, and of the said Court of Oyer and Ter- 
miner for the Province of Pennsylvania, by which Record it ap- 
pears that the said David Smith was legally tried and convicted 



PROVINCIAL COUNCIL. 511 

of Felony and Burglary, committed in the Dwelling House of Wil- 
liam Kemble, in this City, on the 10th of November last, and had 
received Sentence of Death for the same ; But the said Justices 
having recommended him to the Governor as an Object of Mercy, 
His Honour, by the Advice of the Board, was pleased to issue a 
Pardon for the said Criminal. 



Monday the 9th of May, 1768. 

A Committee of Assembly waited on the Governor, and acquain- 
ted him that a Quorum was met pursuant to Adjournment, and re- 
quested to know if he had any Business to lay before them, to 
which His Honour answered that he had none at present to recom- 
mend to them. 



At a Council held at the Council Chamber, at the State House, 
on Tuesday the 10th Day of May, 1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c*- 

William Logan, Richard Penn, | Esquires 

Benjamin Chew, James Tilghman, j ^ ' 

and a Number of the reputable Inhabitants of the City. 

Colonel Armstrong, Mr. Miller, and Mr. Lyons, attended accor- 
ding to appointment. The former delivered to the Governor a Nar- 
rative of the Case relating to the Detention of Frederick Stump, 
and John Ironcutter at Carlisle, which was publickly read, as were 
also the several Depositions, and other Papers respecting that 
Transaction. Messieurs Miller and Lyons were then publickly ex- 
amined, after which the Governor adjourned the Council to the 
13th Instant, in order to take the matter into further Considera- 
tion. 



Wednesday the 11th of May. 

A Committee of the Assembly waited on the Governor, and ac- 
quainted him that the House were inclined to adjourn to the 12th 
of September next, to which His Honour replied, that he had no ob- 
jection thereto. 



512 MINUTES OF THE 



At a Council held at Philadelphia on Thursday, the 12th of Mav, 
1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &ca., 



^\ illam Losan, ) -n, 

T rr-1 u r Esquires. 

James iilennian, j ^ 



Mr. Armstrong, Mr. Miller, and Mr. Lyons, appearing at the 
Board, agreeable to the Governor's appointment. The Governor 
dismissed them with the following Admonition, which was read to 
them, viz : 

Colonel Armstrong, Mr. Miller, and Mr. Lyons, 
Upon the Rescue of Frederick Stump and John Ironcutter, who 
had been arrested for the Murder of Ten Indians, I was informed 
that you, as Magistrates of Cumberland County, had interposed to 
prevent their being brought to Philadelphia in Obedience to the 
Chief Justice's Warrant, in the Hands of the Sheriff, and that in 
particular. Colonel Armstrong had himself discharged the Sheriff's 
Guard, after he, (the Sheriff) had refused to do it, and committed 
the Prisoners to the County Goal, which was in a great Measure 
the Occasion of the Rescue, as it gave the Persons who committed 
that bold and daring Insult upon the Laws of the Government, 
Time to consult Measures for the Execution of it. The Matter 
was of such Consequence, and the Reputation of the Government 
so much concerned in it, that I could not pass it by without mak- 
ing an enquiry into it, and upon hearing you and the Sheriff, 
and considering the several Proofs which both You and He have 
laid before me, I find that on Monday the 25th of January 
last, the Sheriff was ready to set off with the Prisoners from 
Carlisle, under a Guard of eight or ten Men, in order to bring 
them to Philadelphia as the Warrant required. That the Peo- 
ple of Carlisle, thinking the Rights and Priviledges of their 
County would be infringed by the Prisoners being brought to Phila- 
delphia, grew uneasy under those Apprehensions, and did apply to 
you, and press you to interpose in the Affair, untill they could have 
an Opportunity of Remonstrating upon the Occasion, which was at 
first warmly opposed by Colonel Armstrong; but, that at length, 
partly to quiet the Minds of the People, and partly-from an Appre- 
hension of Danger of a Rescue in Case the Sheriff, with the Priso- 
ners, should be detained on the Banks of the Susquehanna, which 
was then Hourly expected to break up. You were induced to 
cause the Prisoners to be examined, and, upon their Examination, 
They were committed by Colonel Armstrong and Mr. Miller to 
Carlise Goal ; in order that the Government, informed by Express, 
which was determined to be sent on that Occasion, should give 
further Orders respecting them. 



PEOVINCIAL COUNCIL. 513 

" Tho' the Transaction has not been proved lu the aggravated 
Light in which it was represented to me, yet it was undoubtedly 
■officious, and besides your Duty to interpose at all in the affair, as it 
was unjustifiable in the Sheriff te pay any Regard to your Interpo- 
sition and your Conduct upon the Occasion, was in itself an Obstruc- 
tion of Justice, aad is not to be justified, however it may in some 
Measure be excused by the Motives of it. But, as I am satisfied 
from the Evidence, that both you and the Sheriff were far from 
having any intention either to favour the Prisoners, or to offer the 
least Contempt to the Authority of the Chief Justice's Warranty 
and that you acted for the best, in a Case of Perplexity, not ex- 
pecting, but rather intending to prevent the Consequences which 
followed, I shall take no other Notice of the IMatter than to ad- 
monish you for the future to be very careful, in confining your- 
selves within the Bounds of your Jurisdiction, and not to interfere 
again in Matters which belong to a Superiour Authority. 



At a Council held at Philadelphia, on ^fonday the 13th of June, 
1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c'- 

Benjamin Chew, ) -r, 
James 1 ilghman, j ^ 

The Governor laid before the Board the Records of Conviction 
of three Persons for Burglary, which being read, it appears by one 
of the said Records, that at a Court of Oyer and Terminer and Gen- 
eral Goal delivery, held at Lancaster, for the County of Lancaster, 
the 28d day of March last, before William Allen, John Lawrence, 
and Thomas Willing, Es^quires, Justices of the Supreme Court of 
the Province of Pennsylvania, and of the said Court of Oyer and 
Terminer, William Dobbins and Thomas Hammond' were tried and 
convicted nf Felony and Burglary, couiniitted in the Dwelling House 
of Wendal Horning, in the Township of Warwick, and County 
afore£aid, on the Sixth day of September last, and have received 
Sentence of Death for the same. 

And b}' the other of the said Records, it appears that at a Court 
of Oyer and Terminer and general Goal Delivery, held at Carlisle, 
for the County of Cumberlaud, the 17th of May last, before the 
said Justices, Giles Bower, otherwise called Giles Powell, was tried 
and Convicted of Felony and Burglary committed in the Dwelling 
House of Ludwick StuU, in Antrim township, and County afore- 
said, on the Second day of August, 17G6. aud bad received Sentence 
of Death for the sanie. 

voi, IX. — 33. 



514 MlifUTES OF THE 

TLe said Secords Leing taken into Consideration, mnd no CiVcurra^ 
stances appearing in favour of the said Crinvinals, excepting Giles- 
]iowers, alias Powell, who was recomraendsd iothe Governor by the- 
said Judges as an Object of !Iis Mercy, The Governor, with the 
advice of the Board, issued a Warrant fo? the Esecutioo of Williana 
Dobbins and Thomas Hanson, on SatGrday, the Ninth Day of July 
next, and granted a Pardon to the said Giles Bowsrs, alias Powell. 

Mr. Charles Batho, late of this City, Merchant, having removed 

into Township, in the County of I^iladelphia, and being 

thought by the Board a proper Person to be in the Magistracy, The 
Governor issued a Commission appointing him a Justice ©f the 
Peace and of the County Court of Camman P'leas for the said City 
and County. 

Francis Campble, Esquire, of Ship^nsburgh, m Cumberland 
County, having by Letter requested tii-e Governor to accept of his 
E,esiguatioa of the Offices of Justice &f the Peace asnd Coanty 
Court of Common Pleas for the said County, His Ho'nour was pleasec^ 
to accept the same accordingly, and directed the Seesctary to a©- 
quaiat him therewith. 



At a Gauadl b^eld aS Philadelpbia^ oa Friday the 24th jTanCj. 
1768. 

PRESENT : 

'Ibe Honourable JOHN PENN, Esquire, Lie^itenant Governor.. 

William Logais-, Benjaisin Che??, > -n, 

Richard Peters^ Jara®s Tilghman^r > 

John Allen, and Josspb Ship|>en, Esquires, laid before the Board 
the Minutes of the Proceedings and Conferences with the Ohio and 
other Western Indian's, at the late Treaty held at Fort Pitt, whick 
ibey attended as ComrAissioners from this Government; the same^ 
were Read, and being ordered to be entered on these MiniUtea^ are- 
as follows, viz'- : 

" Minutes of Conferenees held at Fort Pitt, in April and Mat/, 176&, 
under the Dircctioii of George Croghan, Ekquire\^ Deputy Agent 
for Indian Affairs, ivith the Chiefs and Warrior» of the Ohio^ 
and other Western Indians. 

" At a ConfercDce held at Fort Pitt, on Taesday, the 26th Day of 
April, 1768, with the Chiefs and Principal V/arriors of the Sis 
Nations, Delawares, Shawanese^ Munsies, and Mohickons^ residing 
on the Waters of tbe Ohio-. 

" PRESENT : 

George Croghan;, Esquire^, Deputy Agent for ladian Affairs. 



PROVINCIAL COUNCIL. 



515 



John AlleHj > Esquires, Commissioners from the P-ro- 

Joseph Shippen, Jun' 5 vince of Pennsylvania. 
Alexander M'Kee, Esquire, Commissary of Indian Affairfl. 
Colonel John Reed, Commandant. 
Captain Charles Edmonston. 
Captain Pownall. 



Lieutenants. 
Thomas Ford, 
Alexander Maclellan, 
Jesse Wrighf) 
Samuel Steel, 
William Wood, 
Thomas Batt. 



Ensigns. 
Thomas Hutching, 
Robert Hamilton, 
James Savage, 
Godfrey Tracy. 



Mr. Henry Montour, Interpreter. 



Indians. 



Skc Nations. 



Delawares. 



^ 



^Chiefs, 



Keyashuta, 
White Mingo, 
Soneno, 
Allyondongo, 
Onanghkong, 
Gettyqueaye, 
Onondagago, 
Caddedonago, 
Saggoyadentha, 
Thc-nissagaraws, 
Oyanay, 
Toeaughquottet. 
Toeageda, 
Toedassaho, 
Kennissoen, 
Thagonneyesus, 
Dawatdehough, 
Awanneynatha, 
With 293 Warriors, besides 
Women and Children. 



:> 



Chief 
Warriors. 



Nettawatways, or New ^ 

Comer, 
Custelloga, 
Boaver, 
Latort, 
Spawgassa, 
Nessicuthcthem, 
Cascatheon, 
Kekiwcnum, 
Washawanon, 
Mahetoaughkong, 
Loyalaughaland, 
Tugasso. 
Captain Jacobs, 
Wingannum, 
Captain Pipe, 
Captain Jonny, 
Quequedegatha, 

Grey Eyes, 
White Wolf, 
Theckhoton, 
Opemalughim, 
Killaykhehon, 
Wiesahoxon, 
With 311 Warriors, besides 

Women and Children, 



Chiefa 



Chief 
> Warriors. 



616 



MINUTES OF THE 



Shaioanrse. 
Kaysinntiujrhtlia, or the"" 
hard Man, 



'jwa, 



3Innsies. 

Auttemaway, "") 

Kendasseong, j, 

Wassawayhim, ^ Chiefs. 

Qoekquahim, | 

Waughhellapo. J 
^ Chiefs. With 196 VVarriors, btsides Wo- 
men and Children. 



I Chief 
r Warriors. 



MoMckons. 
Wennighjalis, 
Kelleigheon, 
With 90 VVarriors, besides Wo- 
men and Children. 



Chiefs. 



J 



} 



With 141 Warriors, besides Womeia and 
Children. 



£tawakis.-:ihn, 
Maughki.ti fS.w; 
Maykypu' I'Liil]- 
Maughk^ i' yuivi 
Nymwha, 
BcnnoxcnnuDa, 
Naynich; ii,!, 
Wassayn: i .' tl.: 
Wethawi I, Li 
Thethawj'iiy, 
Wanghcn !irno, 
Othawaj^iia, 
Mawaydi:!, 
Munnenii, 

Seven Wyaiidotts sent to attend the Conference. 
KawcomriiC, 
Shillejw;i":h'3tha, 
Quighb}a, 

In the '.v'nolc 1103 Indians, besides Women and Children. 

The iLilians liaving taken their Seats in Order, Mr. Croghan 
opened th;; Conferences as follows, viz'-: 

**Bretl;rcn of the Six Nations, Delawares, Shawanese, Munsies, 
and Mohickons : 

"I am glad to see so many of your different Nations assembled 
at this Ccuncil Fire, and with this String of Wampum I clear your 
Eyes, and wipe away your Tears, that you may see and look on 
your Brerjiron, the English, with Pleasure. 

A String. 

« Brethren : 

** With this I Liiiig I clean the Svyeat off your Bodies, and remove 
all evil Til oughts from your Minds, and clean the Passage of your 
Hearts, that every thing which may be said to yoo, from your 
Brethren, the Kuglish, may rest easy there. 

AStriiig. 

'•-Brethr* n : 

<< With this String I clear your Eyes, that you may hear and 
consider weil what is going to be said to you, at this general Meet- 
ing of yoia- several Tribes. 

A Striiig. 
''^Brethroii : 

"I tak(^ \\n■^ Opportunity of our Meeting in Council to introduce 
to you tKc Cumiuissioners of Pennsylvania, appointed by your 



I 



PROVINCIAL COUNCIL. 51T 

Brother Onas, and the Wise Men of that Govermuent, and desire 
you will give particular Attention to the several Messages thos^i 
(jrentlomeu are charged with, to deliver to your several Nations. " 
A Belt. 

After the above Speeches were explained to the different Nations^ 
Mr. McKoe delivered to them the Message which Governor Penn 
sent to his Care in February last, having had no opportunity till 
now, of meeting with the Chiefs of the several Tribes together^ 
tho' he had despatched Messengers to inform them of his having 
such a message to communicate to them. 

The Message follows in these Words, viz'-: 

'* By (lie Honourable JOHX PENN, fJsquire, Linifrnovt Governor 
and Commander -in- Chief of the Province of Panui/loania^ and 
Counties of Newcastle, Kent, and Sussex, on IJelincarc, Ac", &o*. 

A Message to the Chiefs and Warriors of the Six Nations, Dehx 

wares, and Shawanese, at Ohio. 
" Brethren : 

" I am sorry to acquaint You that one Frederick Stump and John 
Ironcutter, some time ago, having sold some Rum to a few Indians 
of your Nations, they all got Drunk at Stump's House on Middle 
Creek, and in their Liquor, threatened to kill hiui and his Family 
as he says, on which those two wicked Men Murdered several of 
your People. 

" Brethren : 

"You must be sensible that there are bad and fioli^^h Men of 
all Nations, whom at Times, the Evil Spirit jrets the bettHr of, and 
tempts to Murder their most intimate Friends, and even Ptelations, 
in order to disturb the Peace and Tranquility of their Neighbors 
These Accidents often happen amongst yourselves as w 11 as among 
MS, but the imprudent Act of a few foolish People should not dis- 
turb the Peace of the many Wise and Innocent amongst Us. 

" 'J he great Giver of Life has given us a good Heart, and 
Tongues to speak the sentiments of our Hearts to each other. And 
■when any Misfortune happens of this Kind to either of us. We 
should consider well the Consequences, and meet uuJer the Tree 
of Peace, and smoak together as our fore Fathers furm rlydid, and 
endeavour to adjust and settle any Disputes that might formerly 
happen, that so no black Clouds might arise over our Heads to pre- 
vent us from seeing the Sun rise, and set over us in the strictest. 
Friendship. 

" This is the Method I plopose to take on this unlucky Occasion, 
and recommend to you my Brethren, and desire you may rest easy 
and satisfied till you hear from me again. The strictest Justice 
shall be done you, and I make no doubt but you will be satisfied 
with my Conduct. 



M8 MINUTES OF THE 

'* On first hearing of this unfortunate Affair, I issued a Proclama- 
iion, and had those two Men apprehended and put in Prison, and 
make no Doubt to bring them to that Punishment so heinous a 
Oxime deserves by the Laws of their Country. 

" I have \yrote to Sir William Johnson, and informed him of this 
Accident, and when my Express returns, you may expect to hear 
from me and him farther on this Subject, and more to Your Satis- 
faction, as You will be convinced of the Justice and upright Inten- 
tions of all his Majesty's Subjects towards your several Nations. 

A Belt. 

-^-'■^, ^ " Given under my Hand and the Lesser Seal of the 

Lesser I said Province, at Philadelphia, the twenty-second day 

Seal f of February, in the Year of our Lord 1768. 
tv— V— ^j "JOHN PENN. 

" By his Honour's Command. 

"Joseph SmrrEN, Junior, Secretary." 



Wednesday the 27th of April. 

Mr. Croghan, and the Coramissioners of Pennsylvania, had a 
faeetiftg with the Chiefs of the several Tribes, avid explained to 
Ihem the Heads of the several Speeches tO' bo delivered to them from 
the Governor of Pennsylvania. 

After the above Chiefs had considered what had been told them, 
the Delawares and Shawanese, on a Belt and String of Wampum, 
expressed their Satisfaction at seeing Commissioners from Pennsyl- 
vania at their Council Fire, and returned Mr. Croghan Thanks for 
lotroducing them to their several Nations, Assuring him they would 
pi;y due attention to what those Gentlemen should say to them 
froni their Brother Onas, and their Brethren of that Province. 

A Belt and String. 



At a Conference held with the Indians at Fort Pitt, on Friday 
the 2d Day of April, 1768. 

Present, the same as before. 

Mr. Croghan addressed himself to all the different Tribes, and 
ppoke as follows, Viz'-; 

" Brethren : ^ 

" The other Day I introduced you to the Commissioners froan. 
.Pennsylvania, and informed you they had several Messages to you 
from the Governor and good People of that Province. They aro 
now going to speak to you, and I desire you will pay due attention 
io what they shall say. 



PROVINCIAL COUNCIL. 519 

The Co-minlssioncrs then, in the name of the Grovei-nor of Penu- 
f ylvania, delivered the folllowiog Messages to tlie Indians : 

■*'Th€ I/on our able JOHN' PENK, Esquhe, Lkufenant Governor 
and Coirjtiiaiuhr-ui- Chief nf the Province o/ Pennsylvania, and 
Cowitieso/ New Castk, Kent, and Sus^sex^nn Ddaicare. 

-'■'Tothe seivral Trihcs of Indians living on and hei/ond, the Ohio^ 
Vizt.7 Six Nation^,, Shawanei:e and DelaW'&res, /cca. 

"" Brethren : 

" It is not long since I sent a Message to you to be delivered bj 
!Mr. Alexander McKee. 

" i~ou will see that that Message was sent on purpose to acquaint 
you, thit two of our bad inhabitants had murdered sorae of our 
India-a Brethren at Middle Creek, near Susquehanna, and that I 
was takiag all tJie Pains in my Power to have the murderers ap- 
prehended and brought to the Punishment they justly deserve. 

*' Ever since I sent that message to 3'ou, my Heart has been so 
-deeply atficted "rith Sorrow for the Loss you have sustained by that 
barbarous Act, that I could not rest or sleep quiet in my Bed, as I 
well 'knew i'; wae a very great Breach of tke solemn Engagements 
\7e had i-nte-ed into, of preserving the strictest Friendship between 
«3, in not suffering the leaet Link ie the Chain t© be broken, or any 
ways hurt. 

'' I have longed much to come Eiyself to the Ohio, to take you. 
by the Hand, and sit dowE and condole with you on so melancholy 
2.U occaaon, in the Losses you have sustained in the Death of some 
•of our food Brethren, the Indians-; but S must let you know, that 
the great Affairs I have to manage in tke GoverEment, necessarily 
detain rae at this Time in Philadelphia. I have therefore appoint- 
ed my g)od Brother John Allen, Esquire, and the Provincial Sec- 
retary, /oEeph Shippen, Esquire, Commissioners to meet you oit 
this oeeision, -and to Speak and Condole with you in my stead. 
They wll deliver this Message to you in ray Name, and whatever 
they shill say 'to yrm, y®u may hear and believe, in the same maa- 
^ler as i' I w&s present among you, and spoke to yeu myself; for, 
you ma_' depend on it, they will say nothing to you but the real 
Truth, .nd what are the sincere Seiitiments of my Meart. 
A Stdng. 

•'* Brethen : 

" I tdd yoK also \n tkat Message, that I had communicated this 
sinelancloly news to Sir William Johnson, and promised you, that 
as soonas I received his Answer, you should hear from me again ; 
and I bped, in such a manner as I hoped would be to your eatis- 
faction. 
•*' Bretbcn : 

" I an now to inform you that I have since received Sir William 
-Johnso 's Answer, and am pleased to hear that be has laid this 



520 



Mli^UTES OF THE 



matter before a large number of Indians, as weH of the Six Nation,? 
as of several other Northern Tribes of Indians with whom he hat 
lately held friendly Conferences at his House; and Mr. Croghau 
will relate to you whatever was done at that Treaty. 
A String. 

*' Brethren r 

" The unhappy accidents which have happened to some of your 
People in my Government have given me great CoHcern, as I have 
already told you ; I with this string of Wampum gather up the 
Bones of all our dead Friends, and bury them in the Earth, ihat 
they may be no more seen. 

A String. 
" Brethren : 

" As I have buried the Bones of all our deceased Friend?, I con- 
dole with you for tho Loss you have sustained in theiB, and cover 
their Graves with these few Goods. 

Delivered the Condolence Presents. 
"Brethren : 

" With thi;3 Belt of Warapum I clean the Blood off the Leaves 
and Earth whereon it was sprinkled, that the sweet Herbs which 
come through the Earth may have their usual Verdure, and that 
we may all forget the unhappy Accidents that have happened. 

A large White Belt. 
" Brethren : 

" Hearken now to what T have tO' say further to you inbshalf of 
myself and all the good People ot tl^is Province. 

'' I am informed that some wicked and ill disposed Peo/le have 
told you many Lies; endeavored to make you believe that lie good 
People of my Province are not well affected towards you, but in- 
tend you some mischJL'f, and are not desirous o( preser\{ng the 
Chain of Friendship bright and entire between us. You iriay de- 
pend on it tliat all such Kepresentations are false, and with)ut the 
least foundation, and are made with no other View than tomake a 
Breach between us, and the Authors must be looked ouias our 
greatest Eaemies. To assure you that I am desirous andsincere 
in my Intentions to live always in the strictest Harmony wth you. 
and to reiJiOve every uneasiness that may bo lodged in your Jreasts, 
I have impowered and instructed ujy Commissioners to con^r with 
you on any matters which immediately relate to my Govetaraent^ 
and to hear what you have to say to me with regard to al such 
things as may contribute to prcsei'vc the Peace andstrengtbn that 
Band of Friendship in which yoii arc united v/ith the goodPeople 
of this Province; and I make no doubt but you have tlj; same 
good Dispositions that 1 have to promote that End, and -hat alE 



PROVINCIAL COUNCIL. . 521 

Things will be freely coinraunicatcd to one another in these Con- 
ferences ; I desire, therefore, that you will fully inform my Com- 
missioners of everything that gives you the least uneasiness, that I 
may know it and endeavour to remove all Cause of Discontent 
among you. 

A Belt. 
" Brethren : 

" I have told you every thing I had to say to you relative to the 
unhappy Murder committed by two of our wicked People on some 
of your Brethren, and as.l am and have been doing every Thing in 
my Power to bring those Offenders to .Justice, I cannot help remin- 
ding you of the Number of People I have lost in the Indian Coun- 
try by some of your foolish young Men ; And as I am determined 
that the strictest Justice shall be done you, I must let you know 
that I expect the same Justice from you for the Loss of His 
Majesty's Subjects entrusted to my Care. This is agreeable to the 
Treaties of Friendship long subsisting between your several Na- 
tions and Us, and if we both unite in attending strictly to those 
Treaties, we shall be able to preserve the Chain of Friendship 
bright and without llust. 

" It was likewise agreed at those Treaties, that whenever any 
Accident should iiappen, that might give the least Uneasiness, or 
in any Manner endanger the Friendship subsisting between us, 
We should immediately inform each other of it. Now, you see 
that I have not forgot those antient Treaties, for as soon as I had 
Knowledge of those unlucky Accidents which have happened in my 
Province, I immediately sent you Notice of them by a Speech and 
Belt, to be delivered to you by Mr. McKee; and 1 now send my 
two Commissioners to Condole with you on that Melancholy Oc- 
casion. 

"I must now inform you of such English Subjects belonging to 
my Province as have been Murdered in the Indian Country, and 
have come to my Knowledge, viz'- : Henry 0' Brian, Petur thrown, 
and eight other Men, in proceeding down the Ohio last August, 
with two large Batteaus, loaded with Goods, were mui-dered by 
the Indians, and part of the Goods taken away, near the Falls of 
that River. Thomas Mitchell a Trader, was likewise Murdered in 
one of the Shawanese Villages last Fall, John M'^Donaid was also 
Murdered near Fort Pitt in December last, by a Delaware Indian. 

A Belt. 
" Brethren : 

'' With this Belt I renew, brighten and make strong the Chain 
of Friendship that Subsists between us, I have still fast hold of one 
End of it, and desire you will also keep fast hold of the other End, 
and let us both for ever hold it fast, that We may hereafter con- 
tinue as one Man, and act together in all Matters relating to our 



522 MINUTES OF THE 

mutual Welfare as Brothers, who have the same Interests and Con- 
cern for «ach others Peace and Happiness. 

A Belt, representing a Chain held by a hand at each end, of 11 
Rows. 

''JOHN PENN. 
'' Dated at Fort Pitt, the 29th day of April, 17G8. 
" By his Commissioners, 

'' JOHN ALLEN, [l. s.] 

" JOSEPH SHIPPEN, Jun'- [l. s.] 

The Commissioners having delivered the Governor's Messages in 
Council, Mr. Croghan addressei the Indians as follows : 
" Brethren : 

" You have now heard what the Governor of Pennsylvania hath 
said to you by his Commissioners, and you see that he and the Wise 
Men of that Province have not forgot the former Friendship that 
subsisted between your Fore-fathers and theirs ; They have now 
condoled with you for your lost Friends, agreeable to your antient 
Custom, and spoke their Minds freely on every subject that has 
caused their Meeting you at this time, and have called on you to do 
the same on your Parts. They have brightened the Chain of 
Friendship, and have done every thing in their Power to preserve 
that Friendship which was made between your Fore-fathers and the 
first Settlers of that Province, who came over with your Brother 
Onas. 
" Brethren : 

" T now desire you will assemble all the wise Men of your several 
Tribes together, and call to mind your former Treaties with the 
good People of Pennsylvania, and consider what has been said to 
you, and speak your minds freely and openly to the Governor's 
Commissioners, that every thing which gives you Oneasiness or 
Discontent, may be fully known to your Brother Onas, as he has 
desired." 

A Belt. 

After the above Speeches were interpreted to the different Na- 
tions, one of the Chiefs spoke, and said they would tnke them into 
Consideration, and let us know when they should be ready to an- 
swer them. , 

Then a Deputy, sent from the Six Nation Countr}-, got up and 
delivered the following Message to the several Nations present. 
'' Brethren : 

"I am sent from the Six Nation Council with this Speech, to in- 
form you, that they have considered well the past Conduct of their 
Warriors, in going through this Country to and from War, who 
have made a practice of Stealing Horses, and behaving otherwise 
very ill to their Brethren, the English, and have forbid their doing 
any mischief for the future ; and do now desire you, the Shawanese, 



PROVINCIAL COUNCIL. 523 

Delawares, and Wyandotts, to do the same, and to throw all evil 
Thoughts out of your minds and Hearts ; and to think of nothing 
but promoting a lasting Friendship with your Brethren, the En- 
glish, as we, vour elder Brothers, the Sis Nations, have determined 
to do." 

A Belt. 

After the Sis Nation Deputy had finished the forerroing Speech, 
and it was interpreted to the Indians, Mr. Croghan informed them 
of the Congress Sir William Johnson lately held with the Sis Na- 
tions, Canada Indians, and other Northern Tribes, of the Business 
transacted with them, and the Peace settled between those several 
Nations and the Cherokees ; and that the Deputies of the latter, 
with a Number of the Sis Nation*, were to return home by the 
way of Fort Pitt, and recommended it to the different Tribes pres- 
ent to behave in a friendly manner to them, and see that they 
passed safe through their Country, on which Mr. Croghan gave 
them 

A Belt. 



At a Conference held with the Indians, at Fort Pitt, on Sunday 
the 1st day of May, 1768. 

PRESENT : 

The same as before. 

Quequedagaytho, Speaker for the Delawares, rose up, and made 
the following Answer to the Message from the Governor of Penn- 
sylvania : 
'' Brother : 

" We return jou thanks for your kindness in sending Commis- 
sioners to Cond(jle with us, on Account of the unhappy Accidents 
which have happened between us ; as also, for the Friendly Mes- 
sages thoy have delivered to us in your Name, and you may be 
assured We shall pay due Regard to every thing you have therein 
said to Us. 

He then requested the several Nations present to attend to what 
he was about lo say further to their Brother, the Governor of Penu- 
sylvania, and then proceeded : 

" Brother : 

" The Grief and Concern which you have expressed to us on the 
late Mischiefs committed on our People, we believe to be very 
sincere, and that they were caused by the evil Spirit. You have 
also mentioned, in a particular Manner, several Losses which you 
have Sustained in the Indian Country ; We are heartily sorry for 
them, but must acquaint you that, as to the Murder of the Ten 
Men in the Batteaus, down this River, we have heard of it as well 
as you, but it was committed by other Nations and not by any of 



524 MINUTES OF THE 

the Tribes here present, so that we have not had the least Concern 
in this unhappy Affair. It is too true that one of your People was 
killed by the Shawanese, and we are also very sorry for that Acci- 
dent. As to the Man who you say was killed near Fort P.tt, by a 
Delaware Indian, we tell you that the Person who committed that 
Fact was half a White Man and half an Indian, so you see. Brother, 
that you are equally concerned with us in that Breach of Friend- 
ship 5 but I hope, Brother, all these Misfortunes are now buried in 
Oblivion, and that our Children may never think of them more, 
and that we may continue in the strictest Fi'iendship. 

A Belt. 
'' Brother : 

" I shall, in the next Place, speak to you concerning the Friend- 
ship that subsists between us ; I hope we shall always be firm in it, 
and we shall endeavour, on our Parts, to keep the Cliaiu as bright 
and Strong as our Forefathers did at their first Councils, which 
were held by Wise Men." 

A String. 

He then repeated the same Ceremonies that We had used in the 
Burying the Bones, and said : 
" Brother: 

" I now gather all the Bones of your deceased Friends, and bury 
them in the Grround in the Same Place with ours, so deep that none 
of our young People may ever know that any Misfortunes have hap- 
pened between us ; and it gives us great Satisfaction that our 
Brother Onas has not forgot this antient Custom of Condoling with 
us for our Losses. 

A Belt. 
"Brother: 

" By this Belt I wipe away the Blood, as you have done, from the 
Earth, and make your Bodies quite clean, that you may appear to 
have as good Hearts as our Wise Fore-fathers, and We hope what 
passes in this Council will never be forgotten." 

After repeating what had been said to them concerning the Chain 
of Friendship, he concluded: 

"■ Brethren : 

" We are much obliged to the Governor for speaking so freely & 
openly to us from his Heart, and as he has recommended to us to take 
fast hold of the Chain of Friendship, we assure him we shall take 
his Advice and will do it; and that we shall, likewise, speak to him 
from our Hearts, for we look upon this as the only way to preserve 
our Friendship, and we shall take Care to guide and direct our 
Young People to behave as they ought to do in promoting the 
Peace and cultivating the Strictest Harmony between us." 

A Belt. 



PROVINCIAL COUNCIL. 5*25 

The Beaver, a Chief of the Delawares, then rising up, desired all 
present to pay attention to what he should say to his Brother, the 
Governor of Pennsylvania. 
" Brother ; 

" We, the old Men of the diiierent Nations present, are much re- 
joiced that the Chain of Friendship is now brightened by our Brother 
the Governor of Pennsylvania, and we return him thanks for put- 
ting it into our hands, in the kind manner he has done, which con- 
vinces us of his good Intentions. 

" We, the Delawares, Shawanese, Munsies, Mohickons, Wyan- 
dotts, and our Uncles the Six Nations, will keep fast hold of the 
Chain of Friendship, in the Manner you desire us. We now de- 
sire the Governor will also take hold of the end of this Belt, which 
we stretch along the Road between him and us, in order to clear it 
of the Briars and Brush that have grown up in it, that we may 
travel it in Peace and Safety. 
" Brother : 

" We make the Road smooth and pleasant for your Commission- 
ers to Travel home, and make a Report to you, at our antient 
Council Fire in Philadelphia, of what they now hear from us. And 
when you crinsider our speeches, you will find tliut our Hearts are 
good, and that we are determined to preserve the Road of Peace free 
from any interruption on our parts. We desire you will take the 
same care on your Parts, for if any Logs should be laid across 
it by any of your People, it will be undoing every thing that is 
now agreed on between our several Nations and you, at this meet- 
ing." 

A Belt. 

Then Queguedagaytho rose, and said that they had spoken every 
thing they had to say at this Time, to their Brother Onas; and, 
addressing himself to Mr. Croghan, spoke as follows : 
" Brother : 

** We have long been acquainted with you, and are well pleased 
with your Behaviour towards us, and at this Time, are the more 
obliged to you for introducing to us the Commissioners from the 
Government of Pennsylvania, as it has given us a good opportuni- 
ty of renewing our Peace with the good People of that Province, 
with whom our Fore-fathers always lived in the most perfect Friend- 
ship. You spoke to us the other Day and recommended to us to 
take into our most serious consideration the several matters we 
have heard from the Governor of Pennsylvania by his Commission- 
ers, and to weigh them well in our Minds before we give our An- 
swers to them. 
" Brother : 

" We have taken your Advice, and you may be convinced of this 
by what we have just now said in behalf of the Delawares, Mun- 
sies, and Mohickons." 

A Belt. . ' 

\ 



526 MINUTES OF THE 

The Speaker of the Delawares then observed that they had fin- 
ished what ihe.y had to say at this Time. 

Then a Chief of the Six Nations rose up, and addressing himself 
to the Commissioners of Pennsylvania, said : 
' Brethren : 

" We have heard with attention what the Delawares have now 
said to you, and we shall speak to you to-Morrow, and so will our 
younger Brothers, the Shawanese. 



At a Conference held with the Indians at Fort Pitt, on Monday 
the 2nd Day of May, 1768. 

Present the same as before. 

Tohonissahgarawa, a Chief of the Six Nations, got up, and ad- 
dressing himself to the Several Nations present, said : 
•'Brethren: 

" The great giver of Life has brought us all together at this 
Council Fire, in order to promote the good work of Peace, and we 
have heard what our Brother Oaas hath said to us by his Commis- 
sioners, and you will now hearken attentively to what the Six Na- 
tions are about to say to him in Answer to his Messages. 

A String. 

Then addressing himself to the Commissioners of Pennsylvania, 
he said : 
" Brethren : 

" You have already heard what our Nephews, the Delawares, have 
said to you ; they have spoken freely and openly to you from their 
Hearts, and we hope it has made a proper Impression on you. We 
are now, in like manner, going to open our Hearts to you freely; 
and We also hope that what We shall deliver will be received by 
you in a friendly manner. 

A String. 
"Brother Onas: 

" In your several Speeches you have desired us to open our Minds 
freely, and to speak before you every thing that gives us uneasi- 
ness ; we are obliged to you for this advice, which we shall follow, 
and are glad of an opportunity to speak to you in Council. 

" Brother : 

" It is not without Grief that we see our Country settled by you 
without our Knowledge or Consent; and it is a long Time since we 
first complained to you of this Grievance, which we find has not as 
yet been redressed, but Settlements are still extending further into 
our Country. Some of them are made directly on our War Path, 
leading to our Enemies' Country, and we do not like it. 



PROVINCIAL COUNCIL 527 

"Brother: 

" You have Laws amongst you to govern your People by, and it 
■will be th(3 Strongest Proof of the Sincerity of your Friendship to 
let us see that you remove the People fi'oui our Land:-' ; as we look 
upon it, it will be Time enough for you to settle them when you 
have purchased them and the Country becomes yours. 

A Belt. 

"Brother: 

"We have heard with Pleasure what you have said to us; you 
have made our Hearts easy with respect to the Losses we have suf- 
fered b}' you, and therefore we shall not take notice of any past 
Alistortunes. We are glad to find our Nephews, the Delawares, 
have taken fast hold of the Chain of Friendship with you, and by 
this Belt we join our hands with you and them in holding it fast. 
We speak now in behalf of the six Nations residing in this Coun- 
try, as there are some of every Tribe present, and we wish, Brother, 
that you may be Strong, and as well disposed to preserve that 
Friendship as v.'e are. 

A Belt. 

"Brother : 

" I have now done speaking, and have told you every thing that 
Remains in our Hearts which gives us, and the several Nations in 
this Country, any uneasiness." 



At a Conference held with the Indians at Fort Pitt, on Tuesday 
the third of May, 1768. 

PRESENT : 

The same as before. 

Nymwha, a Speaker for the Shawanese, addressing himself to all 
the Indians, desired they would attend to what he was going to say 
to the Commissioners of Pennsylvania, and all bis Brethren, the 
English, present, and spoke as follows : 

" Brethren : 

" When you talked of Peace to us at the time We were strug- 
gling in War, We did not hearken to you at first. You mentioned 
it to us a second time. We still refused to attend to you, but after 
repeating it to us several times, we consented to hear you We 
then looked at you, and saw you holding Instruments of War in 
your Hands, which we took from you and cast them into the Air 
out of our Sight. We afterwards desired you to destroy your Forts, 
as that would be the Way to make all Nations of Indians believe 
you were sincere in your Friendship, and we now repeat the same 
request to you again. We also desire you not to go down this 
River, in the way of the Warriors, belonging to the foolish Nations, 
to the Westward ; and told you that the Waters of this River, a 



528 MINUTES OF THE 

great way below this Place, were coloured with Blood ; you did not 
pay any regard to this, but asked us to accompany you dowu, which 
we did, iind felt the smart of our Rashness, and with difficulty re- 
turned to our Friends. We see you now about making Batteaus, 
and we make no doubt you intend going down the River again, 
which we now tell you is disagreeable to all Nations of Indians; and 
now again desire you to sit still at this Place. 

" They are also uneasy to see that you think yourselves Masters 
of this Country, because you have taken it from the French, who 
you know had no Right to it, as it is the Property of us Indians. — 
We often hear that you intend to fight with the French again ; if 
you do, we desire you will remove your Quarrel out of this Country, 
and carry it over the great Waters, where you used to fight, and 
where we shall neither see or know any thing of it. All We de- 
sire is to enjo}'- a quiet Peace with you both, and that we should be 
strong in talking of Peace. 

" We have now spoken to you from our Hearts, and hope We 
shall be strong in promoting a lasting Friendship. All We have 
to say to you now is to be strong, and let us agree to what We 
desire of each other. When you first talked of Peace to us you de- 
sired us to sit over the River, quietly at our Fires ; but our Women 
and Children were frightened away by the Noise you made in re- 
pairing your Fort, but, if you do as we desired you, they will re- 
turn wit!) out Fear. 

A Belt. 

" Brethren : 

" You have heard what we desired in our last Speech, and we 
hope you will comply with our Request, and not attempt to go 
down this River again, as the Nations who live that way are 
surprized to see you make a Practice of this at the same time 
that you were making professions of Friendship to us. We, 
therefore, desire you will put a Stop to your People going down 
this River till We have spoke to the Nations living in that Coun- 
try, which v/e intend fo do with the assistance of our Brothers, 
the Six Nations, and our Grand Fathers, the DeUwares. 

A String. 

'' Brethren : 

''The Reason of our mentioning this Matter at this Time, is 
because we hope you will take pity on us, and do as we have de- 
sired you." 

Then Kissonaucththa, a Chief of the Shawanese, rose up, ami 
said : 

" Brethren : 

" We are glad to see you here, and that you are sent by the 
Governor of Pennsylvania to confer with us at this Council. It 
much rejoiced our Hearts to take you by the Hand on your Arrival, 



PROVINCIAL COUNCIL. 529 

and We assure you that the several Nations now present are 
equally rejoiced with us on this Account, 

A String. 
" Brethren : 

"You have informed us that you arc sent by the Governor and 
wise Men of Pennsylvania, to hear whatever may pass at this Coun- 
cil; We are glad to hear you say you*had made the Road clear and 
smooth as you came along, and that you have brought to us the 
Chain of Friendship in your Hands, from our Brethren, the wise 
Men of Pennsylvania. This has dispersed the dark Clouds of 
Night which hung over our Heads ou account of many late Mis- 
fortunes which have happened, and brought to us the light of the 
clear Day, You have, no Doubt, heard of many bad Reports of 
Mischief, which have made an ill impression on your Minds against 
us ; we now remove them quite away, and make your Hearts easy 
like those of jatur wise Forefathers. We also clear the Road on our 
Parts, that when you set off you may travel it back with Plea- 
sure to your Council House at Philadelphia, which I Likewise 
sweep clean, that your wise men, when you return, may sit down 
in it with satisfaction and Comfort, and look back upon us, their 
Brethren, remembering that we have not forgot our antient 
Friendship. 
*' Brethren : 

" We have now, on all sides, cleared and made smooth the Road 
between you and us, and we desire you on your parts to be strong, 
and not suffer any of your Soldiers to Travel it, who carry sharp 
edged Weapons with them, as that may injure the Friendship sub- 
sisting between us." 

A Belt. 

Mr. Croghan then acquainted the Indians that the Commissioners 
of Pennsylvania and he would take the above Speeches into con- 
sideration, and Answer them to-Morrow. 

N. B. — This Afternoon fourteen Canoes arrived here containing 
thirty-eight Munsies and Mohickons, exclusive of Women and 
Children, who reside on the Heads of the West Branch of Susque- 
hanna, 



At a Conference held with the Indians at Fort Pitt, on Wednes- 
day the fourth of May, 1768, P. M. 

Present : the same as before. 

Thonissahgarawa, a Chief of the six nations, rose up, and ad- 
dressing himself to the Gentlemen and several Nations present, 
apologized for some difference which happened this morning among 
themselves, as it was the Means of preventing our Meeting them 

VOL. IX. — 31. 



530 MINUTES OF THE 

in the Forenoon, and desired that their Brethren, the English, and 
the Tribes of Indians present, would take no Notice of it. 
A String. 

The same Chief then spoke as follows : 
** Brethren: 

"I am sorry to hear what our Brethren, the Shawanese, said to 
you yesterday, as we did not (fepect that they would have made any 
mention of your keeping Possession of the Forts you have takea 
from the French, for it was agreed upon by the sis Nations, as well 
as all other Indians, that the French sbculd be driven out of this 
Country, and the Possession of all their Forts and Towns put into 
the Hands of our Brethren, the English, and the Iload of Peace 
Vi'as opened, from the Sun rising to the san-setting, for all Nations 
to Travel in. 

A String. 

Then Kayashuta, a Chief of the Senecas, got up, and laying 
down a Copy of the Treaty of Peace made by Colonel Broadstreet 
with the Indians iu the year 176-i, spoke as follows : 
" Brethren : 

" What our Chief hag just now mentioned to you is very true, 
and you will see by this Paper, that during the late unhappy Dif- 
ferences between us, we held a Treaty with Colonel Broadstreet, 
by which we agreed that you had a right to build Forts and tra- 
ding Houses where you pleased, and to Travel the Road of Peace 
from the Sun-rising to the Sun-setting. At that Treaty the Shawa- 
nese and Delawares were with me, and know all this well, and I 
am much surprized that the Shawanese should speak to you in the 
Manner they did yesterday. 

"The Commissioners then addressed themselves to the Sis 
Nations, and spoke as follows : 
" Brethren of the Six Nations : 

" It gave us great Pleasure to hear what you said the other Day 
to your Brother Onas, and We thank you in his NaiJie for the 
readiness you discovered in brightening and making Strong our 
antient Chain of Friendship. This will be very agreeable to him, 
as we know he is sincerely determined to continue to do the same 
on his Part. 
" Brethren : 

" We esteem it a Strong Mark of the Sincerity and Goodness of 
your Hearts, that you have opened them to us so freely and fully, 
as your Brother Onas earnestly desired you, that he might know 
what ever lay still concealed within your Breasts, which gave you 
any uneasiness. 
■'■'■ Brethren : 

" You have candidly and publickly told us that you are now 
easy with respect to all former Losses you have suffered by our 
>Ieans, and that you will take no further Notice of such Things. 



PROVINCIAL COUNCIL. 531 

This entirely corresponds with your strong professions of Friend- 
sliip. 

A String. 
** Brethren : 

" You have also freely, and without Rc^-erve, informed us that 
the only Grievance which you nov7 have Reason to complain of, 
is the Settlement made on your Lands. We are glad, Brethren, 
we have now so good an Opportunity of acijuaiuting you, as well 
as the several Nations present, with the Mind of your Brother 
Onas, and the endeavours which have been used to do you Justice 
in this Respect. 
"Brethren : 

" We can assui-e you that nothing has given him more Concern 
than to find a Number of foolish People should dare to seat them- 
selves on Lands in this Province, which your good Friends the Pro- 
prietors have not as yet purchased from you. Governor Penn, 
therefore, as well from his own sincere and earnest inclinations to 
remove this Injury done you, as by the express Commands of Our 
great King George, issued Proclamations near Two Years ago, or- 
dering all Persons whatsoever, who had settled on your Lands, to 
remove without delay, and forbiding others from taking the least 
Possession of any under the severest Penalty of the Law. 
" Bi'ethren : 

"As the People who have settled on your Lands came chiefly from 
Virginia, the Governor of that Province likewise issued Proclama- 
tions and orders to the same Purpose^ The King's General too, 
(His Excellency General Gage,) hath twice sent up Parties of Sol- 
diers to the People living on Red-Stone Creek and the Mononga- 
hela to warn them off your Lands, and threatened them with seizing 
their Persons and Effects if they refused to move away. But 
Brethren, we are sorry to tell you that none of these Measures have 
had the desired Effect, and therefore. Governor Penn and his As- 
sembly,having still jour Interest greatly at Heart, passed a Law ia 
February last inflicting the Penalty of Death on all Persons who 
should continue on your Lands after the first Day of June next, 
and in order that the People who were settled on them might have 
timely and proper Notice of that Law, Governor Penn, near two 
months ago, sent to them four prudent and honest Men to distribute 
Copies of it among them, with a Number of Proclamations com- 
manding them to obey it strictly under the Penalty of Death, and 
also to read and explain them fully to the People. 
" Brethren : 

" Those four Men have lately returned home and reported to the 
Governor of Pennsylvania that they hud executed his orders, but 
that they were told by the People settled at and near Red-Stone 
Creek, that they had been encouraged by the Indians themselves to 
continue on those Lands j that, however, they are determined to 



532 MINUTES OF THE 

obey the Law, and move off without delay. But, Brethren, we are 
sorry to tell you that, as soon as the Men sent by the Governor 
bad prevailed on the Settlers to consent to a compliance with the 
Law, there came among them eight Indians who live at the Mingo 
Town down this Eiver, and desired the People not to leave their 
Settlements, but to sit quiet on thera 'till the present Treaty at this 
Place should bo concluded. The People, on receiving this advice 
and encouragement, suddenly changed their Minds, and determined 
not to quit their Places 'till they should hear further from the 
Indians." 

The Indians then delivered to the Men sent by the Governor 
a String of Wampum, and a Speech, which they desired them to 
carry to the Governor. The Speech was this : " You arc sent here 
by your great Men to tell these People to go away from the Lands, 
which you say is ours, and our great Men have sent us, and we are 
glad to meet here the same Day. We tell you the White People 
must Stop, and we Stop them 'till the Treaty, and when George 
Croghan and our great Men shall speak together, we will tell them 
what to do." 

" Now, Brethren, we cannot help expressing to you our great 
Concern at this Behaviour of those Indians, as it has absolutely 
frustrated the Steps the Governor was taking to do you Justice, by 
the immediate removal of those People from your Lands. And we 
must tell you, Brethren, that the Conduct of those Indians appears 
to us very astonishing, and we are much at a Loss to account for 
the Reason of it at this Time, when the Six Nations are complain- 
ing of Encroachments being made on their Lands, You, your- 
selves, Brethren, must be very sensible that while any of the Indians 
encourage the People to stay on their Lands, it will inevitably de- 
feat all our Measures to remove them. But, Brethren, all that we 
have now to desire of you is, that you will immediately send off 
some of your Prudent and wise Men with a Message to the People 
settled at Red-Stone, Youghoghainy, and Monongahela, to contra- 
dict the advice of the eight Indians from the Mingo Town, and to 
acquaint them that you very much disapprove of their continuing 
any longer on their Settlements, and that you expect they v.-ill quit 
thera without Delay. 

'* If you agree to this, we will send an honest and discreet 
White Man to accompany your Messengers; and, Brethren, if after 
receiving such Notice from you, they shall refuse to remove by the 
Time limited them, you may depend upon it the Government will 
not fail to put the Law into immediate Execution against them." 

A String. 

The Commissioners then, addressing themselves to the Shawa- 
nese, spoke as follows : 
" Brethren : 

" In the first part of your Speeches Yesterday, you acquainted 
as that it was very disagreeable to you to see a Fort continued at 



PROVINCIAL COUNCIL. 533 

this Place, contrary to your Expectations, and that you were very 
sorry to find a Number of Batteaus building here, in order to go 
down the River. With Regard to these things we can only say it 
is not a little surprising to us that you should mention them at this 
Time, as we have always understood that this Matter was settled 
with the Six Nations and all other Indians, several Years ago, and 
th^ir full Consent obtained for keeping Forts in your Country, as 
'.veil as for going down this River to Trade. But, Brethren, as we 
came here to confer wth you on Subjects which only relate to the 
Province of Pennsylvania, we have no concern in this Business. 
It is an Affair of our great King of England, and as such we must 
refer you for a more particular Answer to Mr. Croghan, who, you 
know, is appointed by His Majesty to transact his AiFairs with the 
Indians in this Country." 

The Commissioners then spoke to the Delawares, Shawanese, 
Munsies, Mohickons, and Wyaudotts, as follows : 
^'Brethren : 

" We now return you thanks, in the Name of the Grovernor of 
Pennsylvania, aad in behalf of the good People of that Province, 
for the kind Manner in which you have received his Messages by 
us. We assure you it gave us great Pleasure to hear you declare 
in this Public Council, your hearty Concurrence with him in keep- 
ing fast hold of the Chain of Friendship, and your Determination 
to preserve it bright; and not to suffer any little Accidents to make 
a Breach in it. 
" Brethren : 

" It is a strong proof of the sincerity of your Hearts, that you 
have resolved entirely to forget all the past Mischiefs and Injuries 
which have been committed by the folly of our Wicked and rash 
young Men, and we now hope these things will never interrupt our 
future Peace and Happiness. 
"Brethren : 

" We also thank you for making the Road smooth between you 
and the People of Pennsylvania, by removing all the Obstructions 
that were in it, in such a manner that it may be travelled by all 
People with Ease and Safety. 
" Brethren : 

" It will give us much Pleasure when we return to Philadelphia, 
to communicate to the Governor all that has passed between us at 
these Conferences; and to assure him of your friendly Dispositions 
and upright Intentions, which you may depend on we shall faith- 
fully do '' 
A Belt. 

The Commissioners having finished what they had to say to the 
Indians, Mr. Croghan made them the following speeches : 
" Brethren, the Shawanese : 

" When you spoke yesterday to the Groveruor of Pennsylvania, 
you desired him to destroy this Fort, and not to pass down this 



534 MINUTES OF THE 

Eiver, as it was bloody ; and said that our Warriors passing tbrougb 
your country, gave you and all other Nations great uneasiness in 
your Minds. You are the only Nation that has mentioned this 
Circumstance, and I must tell you that this Fort was built by the 
King's Orders, and that your Brother, the Governor of Pennsyl- 
vania, has no concern in this matter. 
" Brethren : 

'^ I well remember that when the French built a Fort here, and 
passed up and down this River, you did not desire them to destroy 
their Forts and leave your country. "We were at war with your old 
Fathers, the French, when we dnive them away and took possession 
of this Fort; after that we conquered them, which you well know, 
and when we came here the Six Nations agreed to it, and came]witli us^ 
and opeueda Boad of Peace through all this country, from the Sun- 
rising to the Sun-setting, both by land and Wat'^r, that we might 
talk in' Peace with all Nations of Indians to the Westward; and we 
thought the Six Nations had a Bight so to do, as we always under- 
stood that they were the Original Proprietors of this Country. 
" Brethren : 

''When I was first going down this Biver, by Order of His 
Excellency General Gage, and the Honourable Sir William John- 
son, all the Nations now present agreed to it, and sent Deputies 
with me to promote the good Work of Peace with all Nations of 
Indians to the Westward, and to receive them into the Chain of 
Friendship subsisting between the King's Subjects, the Six Na- 
tions, and all others in Alliance with them, and to take them under 
His Majesty's most gracious Protection, which has been since done. 
It is very true, when v/e first went down, we met with a Misfortune- 
, from some of the Nations we were going to speak to, through the 
Instigation of the French, who then had an influence with those 
People to persuade them to do Mischief, but ever since that Time, 
those Nations have buhaved well to their Brethren, the English ; and 
after that unhappy Accident, by which we were Sufferers, Captain 
Murray and Mr McKee condoled with your Nation for your 
Losses, agreeable to the antient Custom of our I^^ore-fathers, and 
buried the Bones of our Deceased Brethren, whose Loss gave me 
great Pain of Mind ; and I did not expect to find their Bones 
Raked oat of the Gnund and brought into Council at this Time, 
especially as you must know that we were struck by the very 
Hatchet you yourselves put into their Hands to strike the English 
with. 
" Brethren : 

" By the late Treaty of Peace l)etween the King of Great 
Britain and the French King, the latter gave us Possession of all 
their Forts and Towns, as we had conquered them. You likewise 
took Notice Yesterday of our building Boats, and making Repairs 
to this Fort. I must tell you that the King, my Master, never 
made War on any Indian Nation in this Country; oq the Contrary^ 



PROVINCIAL COUNCIL. 535 

Ke has always promoted Peace among you; an Instance of which 
you see in the Peace brought about between the Sis Nations and 
Cherokees. But ynu all well know that the French acted on dif- 
ferent Principles, by setting one Nation at War against another. 
This Conduct of theirs was not pleasing to the Six Nations ; they, 
therefore, requested the English to go with them, and Sir William 
Johnson, to drive the Friinch from Niagara, and put it into the 
Hands of the English, which you all well know they did; and 
since that Time our Warriors have passed through this Country 
from Fort to Fort, and back again, and no difference has happened 
between them and your People. I am, therefore, surprized, Breth- 
ren, to hear you want to stop the Road of Peace that hath been so 
long opened for all Nations, from the Sua risiag to the Sua 
setting. 

A Belt. 

" Brethren of the Six Nations, Shawanese, Delawares, Wyandotts, 
Munsies, and Mohickons, Give Attention to what I am going to say 
to you. 

" It gives me great Pleasure to And that the Measures taken by 
the Governor of Pennsylvania, and the wise People of that Pro- 
Tiuce, have proved so effectual and agreeable to your several Nations 
as to remove all Uneasiness from your Minds on Account of the 
many Accidents that have happened between your People and the 
King's Subjects in that Province, and that you have buried them 
60 deep in the Earth that neither you nor your Children yet un- 
born, may ever call them to Rememberance. 
■*' Brethren : 

" Your Fore-fathers lived in the strictest Friendship with the 
worthy Founder of that Province and the good People that came 
with him, and you have now renewed and brightened thtit antient 
Chain of Friendship with the Governor's Commissioners, in behalf 
of the King's Subjects in that Government. I now recommend it 
to your several Nations to hold fast by that Chain, and Act on the 
same Principles jour wise fore-fathers formerly did. 

A String. 
^' Brethren : 

" You have all heard what the Sik Nations said to you by their 
Deputies, that they heartily repented of their own past ill Conduct 
towards their Brethren, the English, in Stealing Horses, and com- 
mitting otlier Abuses, and they have desired you, Brethren, to cast 
out all evil Thoughts from your Minds, and return any stolen 
Horses you may have amongst you, and think of Nothing for the 
future but promoting the good work of Peace between you and 
your good Brethren, the English. 
" Brethren : 

" The King of Great Britain, your Father, and my Master, takes 
Delight in promoting Peace among all Nations of Indians in this 



536 MINUTES OF THE 

Country and his own Subjects, which you must be well acquainted 
with. You all Daily experience his Love towards You and hi& 
Pity for your Necessities, by the Favours yo« constantly receive 
from his OfEcers here and elsewhere, and I am sorry to say that 
your past Conduct shews a want of Gratitude in you to his Sub- 
jects. 

"Whenever the King makes Peace with any Nation he never 
violates his Engagements, though he always has it in his Power to 
chastize any People who dares be so hardy as to disturb the Tran- 
quility of their Neighboi-s ; But I now trust, Brethren, that your 
future Conduct will be such as may merit Plis Majesty's Esteem 
and Protection. 

" By this Belt, I now clear the l^oad of Peace and make it 
smoth and easy to Travel, from the Sun-rising to the Sun-Setting, 
that your Brethren, the English, and all Nations of Indians, may 
travel it with Pleasure, as one People, united in the strongest Chain 
of Friendship, that our Women and Children yet unborn, may mu- 
tually enjoy the Blessings of a lasting Peace. 
" Brethren of the Six Nations, who arc settled at the two Creeks : 

" I am sorry to hear from some of your Brethren, the English, 
that whenever any of them pass by your Village you take Rum 
and other things from them. You must be sensible this Conduct 
is very wrong and a Breach of your Engagements to us • I hope I 
shall hear DO more of it ; you have been desired three Years ago, 
by the Six Nation Council, to remove up this Biver nearer to their 
Country, and I now desire you will tnke that Message into your 
most serious Consideration, and do as they have directed you, 
which will be very agreeable to all your Brethren, the English." 

A String. 

Mr. Croghan having finished what he had to say to the Indians, 
the Commissioners addressed themselves to all the Nations present, 
and said : 

" Brethi'en : 

" We are now to acquaint you that by order of the Government 
of Pennsylvania, we deliver to you a present of Goods, to be dis- 
tributed among the several Tribes present, to Cloath your Women 
and Children, and we desire you will receive them as a Testimony 
of the Aifection and Regard which the Governor and good People 
of this Province have for you." 

The Commissioners then delivered the Presents to the different 
Tribes, amounting to One Thousand cmd Fifty Ponrah, Pennsyl- 
vania Currency, including the several private Presents made to the 
Chiefs and Warriors. 

This Evening arrived here Twenty-five Six Nation Warriors on 
their return from the Cherokee Country, and brought with them two 
Prisoners. 



PROVINCIAL COUNCIL. 587 



At a private Conference held at Fort Pitt on Friday the sixth day 
of May, 1768, with all the Chiefs and principal Warriors of the 
Delawarcs^ Munsies and Mohickons. 

PRESENT : 

Mr. Croghan and the Commissioners. 

The Beaver rose up and spoke as follows, in behalf of the Dela- 
wares, Munsies and Mohickons. 
''Brethren : 

" It gives us great pleasure that the Conferences are now ended, 
that the autient Chain of Friendship is now renewed and the Road 
wade smooth between our several Tribes and our Brother, the Gov- 
ernor of Pennsylvania. Every Thing you have said respecting the 
Folly of our young People in stealing your Horses and committing 
other Abuses, we have laid to our Hearts, and will take Care to pre- 
vent any such Misconduct in them for the future, and we desire, 
Brethren, you will take Care that none of your Young People steal 
any Horses from us, which they have frequently done." 

A Belt. 

He then addressed himself to the Commissioners, and said : 
''Brethren : 

" We now speak to you on Account of Trade. The Traders who 
supply us with Goods come from your Province, and we do not take 
upon us to judge whether the Goods they sell us are Dear or not, as 
we are ignorant of what they cost them ; but we are certain from 
our own knowledge, that they do not allow us the same Price for our 
Skins and Furs as they did formerly, and hope you will speak to 
them to allow us a sufficient Price for our Peltry. 

A Belt. 

" Brethren : 

" The Country lying between this River and the Alleghenny 
Mountains, has always been our Hunting Ground; but the White 
People who have scattered themselves over it, have, by their hunt- 
ing, deprived us of the Game, which we look upon ourselves to have 
the only Right to, and we desire you will acquaint our Brother, the 
Governor, of this, and prevent their Hunting there for the future. 

A String. 

" Brethren : 

" We have now done speaking on Business, and every thing has 
been settled at this Conference to our Satisfaction, and We have 
agreed that two of our principal Warriors, named Quequedagduedo 
and Killbuck, shall accompany you to Philadelphia, in order to see 
the Governor, and bring us such Answers as he shall think proper 
to send Us respecting our Trade and Hunting Country." 

A Belt. 



538 MINUTES OF THE 

To ■which the Commissioners replied: 
" Brethren : 

" We have already communicated to you and the other Nations, 
the several Steps taken by the Government to do you all Justice 
with respect to the Encroachments on your Lands, and we shall 
carefully report to the Governor every thing you have now said to 
VIS on this Head, that he may take such Measures as maybe judged 
most expedient to Satisfy you, and you may expect to receive his 
Answer As soon as a convenient Opportunity oifers." 



At a Meeting held at Fort Pitt, on Saturday the 7th of May, 
1768, with the Chiefs and Principal Warriors of the Shawanese. 

PRESENT : 

Mr. Croghan, and the Commissioners. 

Kissinaughtha, a Chief of the Shawanese, addressed himself to 
the Commissioners, and said : 
" Brethren : ^ 

" When you spoke to us from the Governor, you desired us to 
speak from our Hearts, and tell you what gave us any Uneasiness 
of Mind. We considered your Speeches, and did so, which we 
find by your Answer was not agreeable to you. You tell us what 
we spoke to you did not belong to the Governor of Pennsylvania, 
but to the King. 
" Brethren : 

" We assure you that we are as well disposed to live in Friend- 
ship with our Bretliren, the English, as any other Nation in this 
Country, and will hold fast by the Chain of Friendship, now re- 
newed and brightened by our Brother Onas, as long as the Grass 
Grows or Waters run, with all our Brethren, the English." 

A String. 

The same Speaker addressed himself to Mr. Croghan, and spoke 
as follows : 
" Brother : 

" We are all very sorry that we should have said anything, the 
other day to our Brother Onas, that should give you or his Com- 
missioners any Offence, or our Brethren, the Six N:ttions. But as 
the Governor of Pennsylvania, in his Speeches, desired us to open 
our Minds, and to tell every thing that gave us any uneasiness, we 
were determined to do so. 
" Brother : 

" When you spoke to us the nest Day, you told us every thing 
that passed in the Time of War, as well as since, which is very true, 
and we acknowledge we were wrong, though we did not expect you 
would do as we requested. And from what you have told us, We 



PROVINCIAL COUNCIL. 53 9 

know that it is not in the Power of any other Person hut the King, 
our Father. And though you say we were the only Nation that has 
mentioned this to you, we know that all other Nations of Indians 
■wish, as well as we, that there were no Forts in this Country. 

"As to what we said about the Boats going down the River, we 
did not mean that they should not go, but desired you would not 
send them till we had time to go and Council with the Nations in 
that Country, as we have heard bad News from thence. And as to 
what we said about our People that were killed when you were taken 
Prisoner, we only mentioned it to shew you what a foolish People the 
Indians there are. It is very true, Brother, we did send a Hatchet 
to those Nations in Time of War, but it was sent to us from the 
Senecas to carry to them. 
" Brother : 

*' We now desire that you may forget what we first spoke to you 
about those things, and help us to some Council Wampum, as we 
are very poor, and we will immediately set out to talk to all the 
Nations in that Country, and take back from them all the Belts we 
sent them, and do every Thing in our Power to make the Road 
smooth & easy to Travel, and convince you that we are as much 
disposed to hold fast the Chain of Friendship as any Nation in 
this Country." 
A Belt. 



At a Meeting held at Fort Pitt, on Monday, the 9th of May, 
1768, with the Chiefs and Principal Warriors of the Six Nations. 

. PRESENT : 

Mr. Croghan and the Commissioners. 

It was agreed upon by them to comply with the Request of the 
Commissioners in sending Messengers to the People settled at Red- 
stone, Youghioghauy, and Monongahela, to signifj' to them the 
great Displeasure of the Six Nations, at their taking Possession of 
the Lands there, and making Settlements on them ; and also that 
it is expected they will with their Families remove without further 
Notice. They accordingly appointed the White Mingo and the 
three Deputies sent from the Six Nation Country, to carry a Mes- 
sage to that Effect, and the Commissioners agreed to send Mr. John 
Frazer and Mr. John Thompson, to accompany them, with written 
Instructions in behalf of the Government of Pennsylvania. 



Monday 9th of May, 176S, P. M. 

The Indian Messengers having agreed to set out for Redstone 
Creek to-Morrow, the Commissioners, as an encouragement to them 



§49 MINUTES OF THE 

for the Trouble of their Journey, made them a present of some 
Bilack Wampum. 

They then desired Mr. Frazer and Captain Thompson to hold 
themselves prepared for accompanying the Indian Messengers iu 
the Morning, and wrote them a Letter of Instructions, which fol- 
lows in these words, viz : 

" Fort Pitt, the 9th of May, 1768. 
"Gentlemen : 

" The Six Nations, at the public Confei-ences held last Week, 
with them and other Tribes of Indians at this Place, renewed their 
Complaints of Encroachments being made on their Lands, and they 
have agreed, at our Instance, to send four Messengers to the People 
settled on the waters of the Monongahela and Youghioganey, to 
express their great Disapprobation of their continuing still there, 
and also to let them know that it is expected by the whole Confede- 
racy of the Six Nations, that they will remove from the Lands they 
have unjustly taken Possession of, without further delay. But as 
it is necessary, in order to enforce the Message from the Indians, 
and to see that it is properly and effectually communicated to the 
People, that some prudent Persons should accompany the Indian 
Messengers, we request that you will do us the Favour to under- 
take this Business. 

As soon as you arrive in the midst of the Settlement near Red- 
stone Creek, it will be necessary to convene as many of the Settlers 
as possible, to whom the Indians may then deliver the Message 
which shall be given to you in writing; and we desire you will 
leave a few copies of it with the principal People, that they may 
communicate the same to those who live at any considei'able Dis- 
tance from them. 

"We herewith furnish you with a Copy of the Speech delivered 
to us at this Treaty by the Six Nations, respecting the settlement 
of their Lands, which you will be pleased to read to the Settlers 
for their information. 

" You may then acquaint them, that they must be convinced by 
this Message and the Speech of the Sis Nations, that they have 
hitherto been grossly deceived by a few straggling Indians of no 
Consequence, who may have encouraged them to stay on their set- 
tlements, and that they will now be left without the least Pretence 
or Excuse for staying on them any longer. However we make no 
Doubt but before you reach Redstone many of the Families will 
have removed, in Obedience to the late Law passed in this Province, 
which has been read and fully explained to them by the Reverend 
Mr. Steele and the other Gentlemen who the Governor sent up to 
them in March last. 

" But should you find any of those inconsiderate People still ac- 
tuated by a Lawness and obstinate Spirit, to bid Defiance to the 
Civil Authority, you may let them know that we were under no 



PROVINCIAL COUNCIL. 541 

Necessity of sending in the Name of the Governor any further no- 
tice to them, or of being at the Pains at making them acquainted 
with the real Minds of the Indians, to induce them to quit their 
settlements, for that the Powers of Government are sufficient to 
compel them to pay due obedience to the Laws, and they may de- 
pond upon itj they will be eifectually exerted if they persist in their 
Obstinacy. 

" You may likewise assui-e them, that they need not attempt to 
make an Offer of Terms with the Government respecting their Re- 
moval, as we hear some of them have vainly proposed to do, by 
saying they would go off the Lands immediately, on condition that 
they should be secured to them as soon as the Proprietary Pur- 
chase is made. It is a high Insult on Government for those Peo- 
ple even to hint such things. 

" The only Motives therefore, which excite us to make use of the 
present Expedient of sending you with Messengers from the Indians 
on this Occasion, is the compassionate Concern wo have for the 
dangerous Situation and Distress of those unhappy People, and the 
hopes we have that by this Means they may be convinced it is their 
true and best Interest to pay a due Submission to the Laws, by re- 
linguishing their Settlements without Delay. If any of them 
should talk of Petitioning the Governor for a Preference in taking 
up the Lands they have improved, you may assure them from us 
that it will be to no Manner of purpose till they have first complied 
with the Law. 

" We depend greatly on your Care and Prudence in executing 
this Business to our Satisfaction, and recommend it to you to be 
particularly careful that the Indian Messengers are treated with the 
greatest Civility and Kindness. When you return to Fort Bedford 
we beg you will write us an Account of your Proceedings. We 
wish you a Safe Return to your Families, and are with great regard, 
Gentlemen, 

'* Your most Obedient humble Servants, 
" JOHN ALLEN. 
" JOSEPH SHIPPEN, Junior. 

" To Messieurs John Frazer and William Thompson." 

Messieurs Frazer and Thompson being in Readiness with their 
Horses and Provisions for their Journey to Redstone-Creek, the 
Commissioners sent several times for the Indian Messengers,who at 
last came to the Fort and acquainted them that they had been seri- 
ously considering the Business they were going to be sent on, and it 
now appeared to them so disagreeable, that they could by no means 
consent to undertake it, and immediately returned the Wampum 
which had been given them. Upon being interrogated as to the 
Reasons of their declining to perform what they had consented to, 
they answered thai three of them were sent as Deputies by the Six 
Nation Council to attend the Treaty here; and having received no 



542 MINUTES OF THE 

Directions from them to proceed any further, they chose to return 
home in Order to make lleport of what they had seen and heard 
at this Place; they further added that the driving "White People 
away from their settlements was a Matter which no Indians could 
with any satisfaction be concerned in, and they thought it most pro- 
per for the English themselves to compel their own people to re- 
move from Indian J^ands. 

After this refusal of the Indians who had been appointed to carry 
the Message from the Six Nations, the Commissioners iu vain at- 
tempted to persuade or procure others to execute the Business, 
though they used great Endeavours for that Purpose ; and they 
thought it both useless and imprudent to continue to press a Mat- 
ter on the Indians M'hich they found they were generally much 
averse to; and therefore, concluded to set out on their return to 
Philadelphia without further Delay. But in a short Time after- 
wards Kayashuta came with Arroas (a principal Warrior of the Six 
Nations) to the Commissioners at their Lodgings, where the former 
addressed himself to them in Etfect as follows, viz'- : 
'' Brethren : 

" I am very sorry to find that you have been disappointed in your 
Expectations of the Indian Messengers going to Redstone, according 
to Your desire, and our Agreement, and I am much afraid that you 
are now going away from us with a discontented Mind on this Ac- 
count. Believe me. Brethren, this Thought tills my heart with the 
deepest grief, and I could not suffer you to leave us without speak- 
ing to you on this Subject, and endeavouring to make your Minds 
easy. 

" We were, all of us, much disposed to comply with your Request, 
and expected it would have been done without diiliculty, but I now 
find that not only the Indians appointed by us, but all our other 
young Men, are very unwilling to carry a Message from us to the 
White People, ordering them to remove from our Lands. They say 
they would not chuse to incur the ill "Will of those People ; for if 
they should be now removed, they will hereafter return to their 
Settlements when the English have purchased the Country from 
us. And we shall be very unhappy, if, by our Conduct towards 
them at this Time, we shall give them Reason to dislike us, and 
treat us in an unkind Manner, when they again become our Neigh- 
bours. We therefore hope. Brethren, you will not be displeased 
at us for not performing our Agreement with you, for You may be 
assured that we have good Hearts towards all our Brethren, the 
English." 

The Commissioners returned Kayashuta many Thanks for his 
friendly Behaviour on this Occasion, and assured him that they 
greatly approved of the Conduct of the Indians during this Treaty, 
and were now returning home with very easy and contented Minds. 
They further acquainted him that their Reason for urging them to 
send a Message to the Redstone Settlers, proceeded entirely from 



PROVINCIAL COUNCIL. 543 

the great Anxiety they had of contributing every Thing in their 
Power that might expedite the Measures taken by the Government 
to do them Justice, and to redress every Injury they complained of. 
Yet as they found the Compliance of their Request was disagreeable 
to the Indians, they could not press the Matter on them any further, 
though it appeared to be a Step very necessary to be taken at this 
Time. 

They then took leave of the Indians in the most friendly Manner, 
and set out on their Return to FMiiladelphia. 

The End of the Treaty held with the Indians at Fort Pitt. 



At 'a Council held at Philadelphia, on Friday the 15th of July, 
17G8. 

present: 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. ^ 

Beniamin Chew, ) -c 

T •" rr-1 u r Esquires. 

James iilgham, j ^ 

The Governor being informed that a Negro Man was lately com- 
mitted to York County Gaol for Burglary, the Council advised His 
Honour to issue a Commission appointing David Jamison and Mar- 
tin Eikleburger, Esquires, Justices for holding Courts in that 
County for the Trial of Negroes, according to Law. 



The 23d of July, 1768. 
MEMORANDUM. 

Mr. John Pope of the County of York, being recommended to 
the Governor as a proper person to be in the Magistracy, His Hon- 
our, accordingly, by a special Commission, appointed him one of 
the Justices of the Peace and of the County Court of Common 
Pleas for the said County. 



At a Council held at Philadelphia, on Saturday the 6th of 
August, 1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

The Governor laid before the Board a Letter he had received from 
His Excellency Governor Franklin, dated the 29th of last Mouth, 
inclosing His Proclamation, and a Copy of a Deposition of Stephen 



544 MINUTES OF THE 

Skinner, Esquire, concerning the Robbery of the Treasury of the 
Eastern Division of New-Jersey, on the 2'2d of July last, which 
were read, ami the same being taken into consideration, the Board 
advised His Honour to issue a Proclamation, enjoining and requir- 
ing all Officers of the Peace within the Province and lower Coun- 
ties, to use their utmost Endeavours to discover and apprehend the 
Perpetrator or Perpetrators of the said llobbery, and likewise to di- 
rect that the same be Published in the Pennsylvania Gazette, 
Journal, and Chronicle, and two hundred Copies thereof Printed 
and dispersed through the different Counties within his Govern- 
ments. The said Proclamation follows in these Words, Viz'-: 

" Bij tlm IlonnuraUe JOHN PENN, Esquire, Lieutenant Gov- 
ernor, and Conimander-'in-Cliirf of the Province of Pcnniiijlvania, 
and Counties of Nciccastle, Kent, and Sussex, on Delaware. 

"A PROCLAMATION. 

"Whereas, it appears to me by the Deposition of Stephen 
Skinner, Esquire, Treasurer of the Eastern Division of New-Jersy, 
transmitted to me by his Excellency Governor Franklin, that the 
House of the said Stephen Skinner, at Perth Amboy, was,in the Night 
of the twenty-first Day of July last past, robbed of Money to the 
Amount of seven Thousand Pounds, and upwards, by some Person 
or Persons unknown, Part of the snid Money being in Dollars, a 
small Part in Gold, and the rest chiefly in new Bills of Credit of 
that Province. 

" I have, therefore, by and with the Advice of the Council, 
thought fit to issue this Proclamation, hereby requiring and enjoin- 
ing all Judges, Justices of the Peace, SherifTs, and all other Offi- 
cers of the said Province of Pennsylvania, and Counties on Dela- 
ware, to use their utmost Endeavours to discover and apprehend 
the Perpetrator or Perpetrators of the said daring Villainy, and to 
secure the said Money, and for that Purpose strictly to examine all 
Persons who, from being possessed of an unusual Sum of New Jer- 
sey Currency, or from other Circumstances, there may be Reason to 
suspect being concerned therein. 

^^ Given under my Hand and the Great Seal of the said Province, at 
Philadelphia, the sixth day of August, in the Eighth Year of His 
Majesty's Reign, and in the Year of our Lord one thousand 
seven hundred and sixty-eight. 

"JOHN PENN. 
"By His Honour's Command. 

"Joseph SnipPEN, Junior, Secretary. 

"GOD SAVE THE KING." 



PROVINCIAL COUNCIL. 545 



At a Council held at Philadelphia, on Tuesday the 6th Septem'"' 
1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor^, 

Richard Peters, Benjamin Chew, 1 j^g^^^i^gg 

Lynford Lardner, James Tilghman, j ^ 

The Governor laid before the Board a Transcript of a Record of 
Conviction of John Dowdle and Thomas Vaughan, at a Court of 
Oyer and Terminer and General Goal delivery, held at Chester, 
for the County of Chester, on the fifteenth day of August last, be- 
fore William Allen, John Lawrence, and Thomas Willing, Esquires, 
Justices of the Supream Court of the Province of Pennsylvania, 
and of the said Court of Oyer and Terminer, by which Record it 
appears that the said John Dowdle and Thomas Vaughan were 
legally Tried and Convicted of Felony and Murder, committed on 
the Body of a certain Thomas Sharpe, on the Thirty-first day oi 
March last, in the said County of Chester, and had each receiyed 
Sentence of Death for the same. The said Record being taken into 
consideration, and no Circumstances reported by the Judges in 
favour of the said Criminals, The Governor with the advice of the 
Board, issued a Warrant for their Execution, on Saturday the seven- 
teenth of September instant. 



Tuesday, the Thirteenth of September, 1768. 

The Assembly having met Yesterday pursuant to Adjournment, 
the Secretary waited on the House and acquainted them that the 
Governor being necessarily called into a Neighbouring Province to 
transact a Business of great Importance, had left a written Message 
for the Hou.=o^ which, by the Governor's directions, he then de- 
livered to tliem, and at the same time laid before them a Letter 
from the Right Honourable the Earl of Hillsborough, His Ma- 
jesty's Secretary of State for America, dated with its Inclo- 
sure, which Message and Letter are respectively as follow, Viz*-; 

A Message/rom the Governor to tlie Assemhli/. 

*' Gentlemen : 

" As I am obliged to attend a Treaty shortly to be held with the 
Indians at Fort Stanwix, for the important purpose of settling a 
general Boundary Line between them and this, and the neighbour- 
ing Colonies, it will not be ia my Power to meet you at the Time to 
VOL. IX. — 35. 



M6 MINUTES OF THE 

which yon last adjourned. But, it being not usual at this SeaaoB to- 
enter upon any other Business than the Ssttlement of the Publie 
AccomptS; I am in hopes my absence will not prove in any sort det- 
rimental to the Interest of the Province. 

" I have ordered the Secretary to lay before you a Letter which I 
received since the last Session, froia the Bight Honourable the Earl 
of Hillsborough, His Majesty's Secretary of State for America^ 
which I recommend to your most Serious Consideration, and doubt- 
not but you will conduct yourselves on the Occasion in such a man- 
ner as to confirm our Gracious Sovereign in the favourable Opinion 
he is pleased to entertain of you. 

" JOHN PENN. 

"September the 7th, 1768." 



A Letter from tlie Earl of HUhljoroTigJi, to the Governor. 

Whitehall, Apial 21st, 1168. 
« Sir : 

" I have his Majesty's Commands to transmit to You the inclosed 
Copy of a Letter from the Speaker of the House of Bepresentatives- 
of the Colony of Massachusets Bay, addressed, by order of that 
House, to the Speaker of the Assem,bly of each Colony upon the 
Continent of North America. 

"As His Majesty considers tliis Measure to be of a most dan- 
gerous and factious Tendency, calculated to inflame the Mi»ds of 
his good Subjects in the Colonies, to promote an unwarrantable 
Combination, and to excite and encourage an open Opposition tO;, 
and Denial of the Authority of Parliament, and to subvert tW true 
Principles of the Constitution, it is His Majesty's Pleasure that you 
should immediately upon the Beceipt of this, exert your utmost 
Influence to defeat this flagitious Attempt to disturb the Public 
Peace, by prevailing upon the Assembly of your Province to take 
DO Notice of it, which will be treating it with the Coutompt it de- 
serves. 

" The repeated Proofe which have been given by the Assembly 
of Pennsylvania, of their Beverenee and Bespect for the Laws, and 
of their faithful Attachment to the Constitution, leave little room 
in His Majesty's Breast to doubt of their shewing a proper Besent- 
ment of this unjustifiable attempt to revive those Distraetions which 
have operated so fatally to the prejudice of this Kingdom and her 
Colonies, and accordingly, His Majesty has the fullest Confidesce 
in their Affections } but if, notwithstanding these Espectationa, and 
your most earnest Endeavours, there should appear in the Assembly 
of your Province a disposition to receive or give any Coantenance 



PROVINCIAL COUNCIL. 



547 



to this Seditious Paper, it will be your Duty to prevent any pro- 
ceeding upon it^ by an immediate Prorogation, or Dissolution. 
'' I am, with great Truth and Regard, Sir, 

" Your most Obedient, humble Servan*., 
''HILLSBOROUGH" 
" Deputy Governor of Pennsylvania." 



Thursday the 15th of September, A. M. 

The Secretary waited on the Assembly, in Obedience to Orders 
he had received from the Governor, and laid before them for their 
Perusal a Copy of the Conferences held at Fort Pitt with the Indians 
in May last. 



At a Council 
October, 1768. 



held at Philadelphia, on Tuesday the 4:tb of 



PRESENT 



The Honourable JAMES HAMILTON, Esquire, President. 

Joseph Turner, Lynford Lardner, ) Fsouirea 

William Logan, Thomas Cadwallader, 5 

The President laid before the Board the Returns of Sheriffs and 
Coroners for the Counties of Philadelphia, Chester, Bucks, Berka^ 
Lancaster, and New Castle, which, being duly considered, the fol- 
lowing Persons were appointed and Commissionated as Sheriffs and 
Coroners for the respective Counties, viz'- : 



Joseph Redman, 
Caleb Cash, 
John Morton, 
Joseph Gibbons, 
Joseph Ellicott, 
James Wallace, 
Jacob Shoemaker, 
Jame Whitehead, Junior, 
James Webb, Junior, 
Mathias Slough, 
John Thomson, 
William McClay, 



r, ^ ' (- Philadelphia County. 
Coroner, > 



f'''^' J Chester 
Coroner, 3 

l^'''^' ^ Bucks 
Coroner, 3 



Sheriff, > 



Berks 
Lancaster 



Coroner, 

Sheriff, 

Coroner, 

Sheriff, \ New Castle 

Coroner, 



J)0 

D^ 
D' 
D* 

jy, 



548 MINUTES OF THE 

At a Council held at Philadelphia, on Thursday the 6th of 
October, 1768. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, President. 

Joseph Turner, Lynford Lardner, > Esquires. 

William Logan, Thomas C;idwallader, 5 

The Keturns of Sheriifs and Coroners for the Counties of North- 
ampton, York, Cumberland, Kent, and Sussex, being now made, the 
President, with the Advice of the Council, appointed and Commis- 
sionated the following Persons as Sheriffs and Coroners for their 
respective Counties, Viz'- : 

John Jennings, Sheriff, } ^j xi „ i.„ n «^,r 

-n 1, . T x.-^ n {■ Northampton County, 

ilobert Lattimore, Coroner, 3 

George Eiehelberger, Sheriff, } y , -pv,. 

Joseph Adlum, Coroner, 3 

David Hoge, Sheriff, ? p, i, 1 j Tko 

^j.,,. ^ ' „ '5- Cumberland D 

vVilham Denny, Coroner,^ 

James Wells Sheriff, . ^^^^ j^. 

bolomon Wallace, Coroner, \ 

Boaz Manlove, Sheriff, j g^ggg^ D^. 

Gecrgc Walker, Coroner, 3 



At a Council held at Philadelphia, on Tuesday loth of December, 
1768. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gov- 
ernor, &c"- 

The Governor laid before the Board Three Records of Convic- 
tion, which being read, it appears by one of the said Kecords, that 
at a Court of Oyer and Terminer and general Goal Delivery, held 
at York for the County of York, on the eighteenth Day of No- 
vember last, before John Lawrence and Thomas Willing, Esqires, 
Justices of the Supream Court of the Province of Pennsylvania, 
and of the said Court of Oyer and Terminer, John Shannon was 
Tried and convicted of Felony and Burglary, committed in the 
dwelling House of William Scott, in the township of Berwick, and 
County aforesaid, on the fifteenth of October last, and hath receiv- 
ed sentence of Death for the same. 

By another of the said Records it appears that at the said Court 
of Oyer and Terminer and General Goal Delivery, held the eigh- 
teenth of November last, before the said Justices, Henry Fisher 
alias Weaver, was tried and Convicted of Felony and Burglary, 



PROVINCIAL COUNCIL. 549 

committed in the Dwelling House of James M'Gaughy, in the 
Township of Cumberland, and County of York, on the twenty 
third of Jaly last, and hath received Sentence of Death for the 
same. 

By the other of the said Records, it appears that at the said 
Court of Oyer and Terminer and General Goal Delivery, held 
on the eighteenth and nineteenth Days of November last, before 
the said Justices, Henry Smith and Mary Kennedy were Tried 
and Convicted of Felony and Murder, committed on the Body of 
Baltzer Klotzer, in the Township of Manchester, and County of 
York, on the twelfth of July last, and have received Sentence of 
Death for the same. 

The said Records being taken into Consideration, and the said 
Justices having recommended to the Governor the two first men- 
tioned Criminals as objects of his Mercy, the Governor, with the 
Advice of the Board, granted the said John Shannon and Henry 
Pisher, alias Weaver, a Pardon, and issued a Warrant for the Ese- 
cutiou of Henry Smith and Mary Kennedy, on Saturday the 
twenty-fourth of December instant. 

[Here follows 45 Blank Pages in Council Book, after which ap- 
pears the following :] 

Chamber, and required their attendance, that he might pass the 
Bills which had been agreed on. The whole House attending ac- 
cordingly, the speaker presented to the Governor ten Bills iatitled 
as follow, viz. : 

" An Act to repeal an Act entituled 'An Act to enable the In- 
habitants of the Borough of Lancaster, in the County of Lancaster, 
to raise money on themselves for supporting a Nightly Watch in 
the said Borough, & for other purposes therein mentioned." 

"An Act to prolong the timfe limited for drawing the Lottery in- 
stituted and directed to be drawn in and by virtue of an Act enti- 
tuled 'An Act for raising by way of Lottery the sum of £3003, 
15, dtca.' " 

" An Act directing the choice of Inspectors & for holding the 
General Elections in this Province." 

" An Act for the better employment, relief and support of the 
poor within the City of Philadelphia, the district of Southwark, the 
Townships of Moyaminsink, & Passyunk, & the Northern Liber- 
ties." 

" A Supplement to the Act, entituled ' An Act to continue an 
act entituled An Act for regulating and continuing the Nightlj 
Watch, and enlightening the Streets, Lanes and Alleys of the City 
of Philadelphia, &ca.' " 

" An Act to prevent cutting or damaging the Ropes used by the 
Ferrymen on Schuylkill, or elsewhere within this Province." 

"An Act to prevent the destruction of small Rock Fish, & the 
taking Oysters & bringing them into this Province out of Season." 



5^0 MINUTES OF THE 

" An Act for appointing Wardens for the Port of Philadelphia, 
& for the regulating Pilots Flying in the River & bay of Delaware, 
& the price of Pilotage to and from the said Port." 

A supplement to the Act entituled "A supplement to the Act 
entituled ' An Act for regulating, pitching, paving & Cleansing the^ 
Highways, Streets, Lanes and Alleys of the City of Philadelphia, 
&ca.' " 

A Supplement to the Act entituled a "Supplement to the Act 
entituled * An Act for erecting a Light House at the Mouth of the 
Bay of Delaware, at or near Oape Henlopen, &c.' " 

Which Bills the Governor was pleas'd to enact into Laws anci 
signed a Warrant for affixing the Great Seal thereto, and they were 
ordered to be afterwards deposited in the Rolls Office. 

The Speaker then acquainted the Governor that the House hacS 
agreed to adjourn to Monday the 5th day of May next, and at the 
same time presented to His Honour a Certificate for £500, for which 
he returned thanks to the House. 



Monday, 3d March, 1766. 

Yesterday Morning the Speaker of the Assembly delivered to the 
Provincial Secretary a Written Order to issue a Writ for the Elec- 
tion of a new Member of Assembly for Chester County, which fol- 
lows in these words, viz'- : 

" In Assembly, 

" February 8th, 1766. 
^' Pennfylva., ss. : 

" By a Resolve of the Assembly of this day, I am empowered & 
directed to order the Provincial Secretary that he do i?sue a Writ 
to the Sheriff of the County of Chester, for the Election of a Mem- 
ber to serve as a Representative in this Assembly for the said County 
of Chester, in the room of John Fairlamb, Esq'- lately deceased. 

"Therefore, by virtue of the said Resolve, and in pursuance of 
an Act of Assembly of this Province in that case made & provided, 
I do Require that a Writ be issued to the Sheriff of the said County, 
for the purpose aforesaid, according to the directions of the Said 
Law. 

"JOS. FFOX, Speaker. 

" To Joseph Shippen, Esq'- Provincial Secretary." 



PROVINCIAL COUNCIL. §51 

Tuesday, 4th March, 1766. 

Tli€ Secretary communicated to the Governor the above Order of 
the Speaker, & a Writ was accordingly issued this day to Philip 
Ford, Esquire, the Sheriff of Chester County. 



At a Council held at Philadelphia, in the Council Chambefj 
on Wednesday the 4lh of January, lV'69. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
^ca. 

Lynford Lardner, | -p 

James Tilghmaa, j ^ 
A Committee of the Assembly waited on the Governor Yesterday, 
and acquainted him that a quorum of the House had met pursuant 
to Adjournment, and that as the Governor's Absence from the Pro- 
vince had deprived them of an Opportunity of presenting their 
Speaker to him at their last sitting, they now desired His Honour 
would be pleased to appoint a Time for that purpose. The Gover- 
nor having accordingly agreed the receive to House with their 
Speaker this Forenoon, sent the Secretary with a Message to the 
House to acquaint them that he attended his Appointment in the 
Oouncil Chamber. The whole House then waited on the Gover- 
nor, and presented Joseph Galloway, Esquire, as their Speaker, 
who, being approved, claimed the usual privileges in the Name 
and Behalf of the House, which His Honour was pleased to say 
were essential to a Representative Body, and the House might de- 
pend on his protection in them. 



At a Council held at Philadelphia, on Friday 13th of January, 
17G9. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor,' &ca. 

Richard Petters, Benjamin Chew, \ t<.„^, •_„ 

James Tilghman. . [ i^sqmres. 

The Governor laid before the Board, for their Consideration, the 
following Letter, which he received last Summer from the Right 
Honourable The Earl of Hillsborough, His Majesty's Secretary of 
State for the American Department, bearing Date the 15th of 
April, 1768: 



552 MINUTES OF THE 

A Letter to the Governor from the Right Hon'ble the Earl of 
Hillsborough. 

" Circular. — [No. 7.] 

" Whitehall, April 15tli, 1768. 
" Sir : 

" I have the Satisfaction to acquaint You that, in Consequence of 
a Report made to His Majesty by the Lords of Trade, the Plan for 
the management of Indian affairs, adopted by the Superintendants^ 
has been fully laid before His Majesty. 

" Upon mature Consideration of the present Regulations, the 
great Expence of the Variety of Establishments for exceeding the 
Value of the Object, and the Difficulties which have attended the 
Execution of the Plan in general, for want of a due Authority in the 
Superintendants, His Mnjesty has thought fit that it shall be laid 
aside, and that the Regulation of the Trade shall be left to the Co- 
lonies, whose Legislatures must be the best Judges of what their 
several Situations and Circumstances may require ; that the Office 
of Superintendant shall, however, be continued for such matters as 
are of immediate Negotiation between His Majesty and the Sav- 
ages, and cannot, therefore, be regulated by Provincial Authority, 
and that the boundary Line between the Indians and the Settle- 
ments of His Majesty's Subjects, every where negotiated upon, and 
in many Parts settled and ascertained, shall be finally ratified and 
confirmed. 

" As the Grounds and Reasons for these several Resolutions are 
in general, set forth in the Report of the Board of Trade, and as 
that Report will inform you what will be expected and required of 
the Colonies, and what will hereafter be the Nature of the Office of 
Superintendant, I have thought fit to send you the inclosed Extract 
of such Parts of it as relate to these Objects; and I have it further 
in Command from his Majesty to acquaint you that, in consequence 
of the Resolutions His Majesty has taken for. the future Direction 
of this Branch of his Service, He has given the necessary Orders to 
the Commander-in-Chief of his Forces for the Reduction of all such 
Posts in the interior Country as are not absolutely necessary for 
Public Safety in general, and for giving Protection and Facility to 
the Commerce of his Subjects. But as the Forts of Niagara,, the 
Detroit, and Misilimackinac, do not appear to His Majesty to fall 
within this Description, His JIajesty has thought fit that they shall 
be continued, and that a proper Navitl Force shall be kept up upon 
the Lakes. 

"The objects which upon this Occasion will principally demand 
the Attention of the several Colonies, arc, to provide by the most 
effectual Laws, for preventing any settlements being made beyond 
the line that shall be agreed upon with the Indians, and for the 
Controul and Punishment of those atrocious Frauds and Abuses 



PROVINCIAL COUNCIL. 553 

"which have been practised by the Traders, and have been one prin- 
cipal Cause of the Disaffection of the Savages. 

" It is unnecessary for me to use any Arguments to show how 
greatly both the Interests and safety of the Colonies depend upon 
a close attention to these Objects j and, as many of the Regulations 
of the present Plan of Superintendency have evidently operated to 
the. Benefit of the Trade, and to the giving that satisfaction and 
Content to the Savages by which alone the colonies can hope to 
derive either immediate Profit or lasting Peace, His Majesty trusts 
that they will be adopted, as far as local Circumstances and peculiar 
Situations will admit, always having Regard to that Freedom of 
Trade with the Indians which His Majesty has graciously granted 
to all His Subjects by His Proclamation of 1763. 

"As the Execution of the Measures which His Majesty recom- 
mends to your Attention, will principally depend upon the Nature 
and Extent of the Reduction which the Commander-in-Chief of 
His Majesty's Forces shall think proper to make of the Military 
Establishments in the interior Country, His Majesty has given 
the necessary Directions that he should communicate to you, as soon 
as possible, the arrangements proposed to be made in respect to 
these Establishments; and His Majesty trusts that, after such Inti- 
mation, no 'I'ime will be lost in carrying His Royal Intentions 
into full Execution. 

" I have the greater Satisfaction in communicating to you His 
Majesty's Directions upon this Subject, as I conceive that his Ma- 
jesty's gracious Condescension in committing the Reg^^lation of 
these important Objects to the Care of His Colonies, cannot but be 
very acceptable to them. 

" I am, with great Truth and Regard, 
<' Sir : 

" Your most Obedient 

humble Servant, 
" HILLSBOROUGH. 

" Deputy Governor of Pennsylvania." 

The Board having taken the said Letter into Consideration, were 
of Opinion that its Contents should be communicated to the As- 
sembly by a Message ; and that the Governor should recommend 
it to them to frame such Laws as effectually to comply with His 
Majesty's pleasure therein signified; and further, to acc(uaint the 
House with the result of the Treaty lately held by Sir William 
Johnson at Fort Stanwix, respfecting the General Boundary Line 
established between the Indian Country and the Colonies. 



$54 MINUTES OF THE 

At a Council held at Philadelphia, Mouday 16th January, 1769, 

, " PRESENT : 

The Honourable JOHN PENN, Esq'-, Lieutenant Governor, 
&^- 

Kichard Peters, Lynford Lardner, ) -p, 

William Logan, James Tilghman, ^ 

The Letter from the Earl of Hillsborough, of the 15th of April 
last, was again read, and the Draft of a Message to the Assembly 
being prepared, was laid before the Board and approved,, and the 
Secretary was directed to Transcribe the same and carry it to the 
House this afternoon, with the Report of the Board of Trade, to 
which it refers. 

The said Message follows in these Words, Viz'-: 

A Message from the Governor to the Assembly. 

*' Gentlemen : 

"I have the pleasure to acquaint you that at a General Congress 
held last Fall at i'ort Stanwix, by Sir William Johnson, His Maj- 
esty's Superintendant for Indian AiFairs in the Northern District, 
with the Indians of the Six Nations, and their Nephews, the Dela- 
wares and Shawonese, a General Boundary Line was happily set- 
tled between those Indians and His Majesty's Middle Colonies, 
and that a Purchase was made by the Proprietaries of this Province, 
of a large Tract of Country lying within the General Boundary, 
and contained within the following Limits, Viz'- : 

^^ Beginning in the said Boundary Line, on the East side of the 
East Branch of the Biver Susquehanna, at a place called Owegy, 
and running with the said Boundary Line down the said Branch, on the 
East side thereof, till it comes opposite the mouth of a Creek called 
by the Indians Jlwandae, and across the River, and up the said Creek 
on the south side thereof, and along the Range of Hills called Bur- 
nett's Hills by the English, and by the Indians on 
the north side of them to the Head of a Creek which runs into the 
West Branch of Susquehanna, which Creek is by the Indians called 
Tiadaghlon, and down the said Creek on the south side thereof, to 
the said West Branch of Susquehanna; then, crossing the said 
River and running up the same, on the South side thereof, the sev- 
eral Courses thereof, to the Fork of the same River, which lies 
nearest to a place on the River Ohio, called Kittanning , and from 
the said Fork, by a strait Line to Kittanning, aforesaid, and then 
down the said River Ohio, by the several Courses thereof, to where 
the western Bounds of the said Province of Pennsylvania crosses 
the same River; and then, with the said Western Bounds to the 
south Boundary thereof, and with the south Boundary aforesaid, to 
the East side of the Meghany Hills, and with the same Hills, on 



PROVINCIAL COUNCIL. 

the East side of them, to the West Line of a Tract of Land pur- 
chased by the said Proprietaries from the Six Nation Indians, and 
confirmed by their Deed, bearing Date the twenty-third Day of Oc- 
tober, one thousand seven hundred and fifty -eight; and then with 
the Northern Bounds of that Tract to the River Susquehanna, and 
crossing the River Susquehanna to the Northern Boundary Line of 
another Tract of Land purchased from the Indians, by Deed bear- 
ing Date the twenty-second Day of August, one thousand seven 
hundred and forty-nine ; and then, with that Northern Boundary 
Line to the River Delaware, at the North Side of the mouth of a 
Creek called Lechawacsein, then up the said River Delaware, on 
the West Side thereof, to the Intersection of it by an East Line, 
to be drawn from Owegy aforesaid, to the said River Delaware, and 
then, with that East Line to the Beginning, at Owegy aforesaid." 

" I am also to inform you, that The Right Honorable the Earl 
of Hillsborough, His Majesty's Secretary of State for the Ameri- 
can ! Department, hath signified to me that His Majesty, in his 
Wisdom, has been pleased to alter part of the Plan heretofore 
adopted for the management of Indian Affairs, and to Order that 
the Regulation of the Indian Trade shall be left to the respective 
Colonies, whose Legislatures must be the best Judges of what their 
several situations and Circumstances may require ; And as the un- 
just settlements made on the Lands unpurchased of the Indians, 
and the abuses committed by the Traders, were the principal Causes 
of the Disaffection of the savages, it is His Majesty's Royal Ex- 
pectation that a due attention will be given by the Colonies to 
these important Objects, and that they will frame proper and ade- 
quate Laws, not only for preventing any settlements being made on 
the Indian Lands beyond the General Boundary Line, but also for 
the Controul and Punishment of those atrocious Frauds which 
have been practised by the Indian Traders, 

" As the Grounds and Reasons of His Majesty's Resolutions 
upon these Subjects, are in General set forth in a Report of the 
Board of Trade, transmitted to me by the Earl of Hillsborough, 
which points out what His Majesty expects of the Colonies in these 
matters, and explains what will be hereafter the Nature of the 
Office of Superintendant, which is not wholly to be laid aside, I 
have ordered the Secretary to lay that Report before you. 

" I am persuaded, Gentlemen, I need not labour to convince you 
of the reasonableness of His Majesty's Expectations, nor to shew 
how greatly both the Interests and Safety of the Colonies depend 
upon a close Attention to the Objects recommended ; nor can I 
doubt of your earnestly setting about, and prosecuting with all 
possible Dispatch, a work of so much Consequence to the Colonies 
in General, and this Province in Particular. 

« JOHN PENN. 

" January the IGth, 1769." 



556 MINUTES OF THE 

James Webb, of the county of Lancaster, appeared at the BoartJ, 
and acquainted the Governor that he declined acting any longer as 
Barrack-master of the Barracks at Lancaster, and was ready to de- 
liver them, with everything contained in them, into the Charge of 
such Person as the Governor should be pleased to appoint Barrack- 
Master in his Room. The Governor accordingly named James 
Balph, Esquire, Chief Burgess of the Borough of Lancaster, for 
that Office ; and ordered a Commission to be issued to him forth- 
with. 

The Governor laid before the Board two Bills sent up by the 
Assembly for his Concurrence, entituled 

'' A Supplement to ' an act for erecting part of the Counties of 
Philadelphia, Chester, and Lancaster, into a separate County;'" 
and 

"An Act for the preventing Frauds and abuses in Gold and 
Silver Wares, made and sold in this Province;" both which were 
read and referred to a further Consideration. 



At a Council held at Philadelphia, on Thursday the 19 th Janu- 
ary, 1769. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c»- 

Benjamin Chew, Lynford Lardner, James Tilghman, Esquires. 

" The Board resumed the Consideration of the Assay Bills and 
the Supplementary Bill to the Act for erecting part of the Coun- 
ties of Philadelphia, Chester and Lancaster into a separate County ; 
and after some Time passed thereon, referred them to a further 
Consideration. 

" The Secretary laid before the Board a Return of a Road laid 
out and Surveyed pursuant to an Order of Council of the 30th of 
January, 1768, by the Persons therein appointed, from the Town 
of Reading, through the County of Berks, to a part of the River 
Susquehanna, lying above the mouth of Maghannioy Creek, and 
on the South Side of Maghannioy Mountain, which was read, and 
follows in these Words, viz'- : 

'•' To the Honour able JOHN PENN, Esquire, Lieutenant Gover- 
nor and Commander-in-Chief of the Province of Pennsylvania 
and Counties of Neio- Castle, Kent, and Sussex, on Delaware, 
&ca. 

We, the subscribers, do humbly Certify to your Honour, that in 
Obedience to the Order of your Honour, and the Council hereunto 
annexed. We have viewed the Road therein mentioned. And have 
laid the same out, according to the Courses and Distances following, 
Viz'-: 



PROVINCIAL COUNCIL. WT 



" Be^ 


finnin 


g at the East End of Penn Street, in the Town of 


Reading, and Couni 


ty of Berks, and extending thence through the 


same to 


1 the 


Banks 


1 of the River Schuylkill, West 340 Perches j 


Thence, 








Degrees. 


Perches. 


S. 


87 


W. 


33 perches across said River Schuylkill. 


S. 


60 


W. 


44 


N. 


83 


W. 


223 


S. 


75 


w. 


506 to George Krick's. 


s. 


88 


w. 


684 Sinking Spring Town. 


N; 


85 


w. 


45 


N. 


80 


w. 


218 Coecoosing Creek. 


N. 


68 


w. 


37 


N. 


84 


w. 


170 


w. 






214 


N. 


71 


w. 


110 


N. 


75 


w. 


244 Jacob Rherers. 


N. 


60 


w. 


260 


N. 


55 


w. 


64 John Echards. 


N. 


53 


w. 


168 


N. 


45 


w. 


362 through Mr. Allen's land. 


N. 


62 


w. 


152 


N. 


64 


w. 


120 to Yost Fisher's. 


N. 


74 


w. 


306 to Benjamin Weiser's. 


N. 


60 


w. 


344 through Middle Town to the end of Sec- 
ond Street. 


N. 


20 


E. 


33 up Second Street. 


N. 


28 


w. 


126 


N. 


5 


w. 


118 to Tulpehoccon Creek. 


N. 


19 


w. 


60 


N. 


'7 
t 


w. 


114 


N.' 


16 


w. 


115 


N. 


15 


w. 


91 


N. 


11 


E. 


134 


N. 


11 


w. 


141 to John Rice's Tavern. 


N. 


30 


w. 


119 


N. 


22 


w. 


254 


N. 


49 


w. 


70 Nicholas Kinser's. 


N, 


29 


w. 


156 


N. 


13 


w. 


354 


N. 


23 


w. 


124 


N. 


15 


w. 


60 


N. 


30 


w. 


80 


N. 


8 


w. 


14 


N. 


46 


w. 


36 


N. 


42 


w. 


46 


N. 


57 


w. 


74 


N. 


75 


w. 


104 Godfred Rherer's Tavero 



558 MINUTES OF THE 

Degrees. Perches. 



N. 


80 


W. 


32 


N. 


89 


W. 


206 


N. 


81 


W. 


64 


N. 


87 


w. 


42 


W. 






116 


N. 




w. 


46 to Sweet Arrow Creek. 


N. 


20 


w. 


26 


N. 


48 


w. 


34 Henry Derr's House. 


N. 


24 


w. 


26 


N. 


59 


w. 


26 


N. 


66 


w. 


77 


N. 


19 


w. 


246 


N. 


85 


w. 


59 


N. 


48 


w. 


124 


N. 


47 


w. 


66 


N. 


72 


w. 


117 


N. 


50 


w. 


20 


N. 


60 


w. 


23 


N. 


20 


w. 


16 


N. 


50 


w. 


57 


N. 


32 


w. 


266 


N. 


52 


w. 


60 Fort Henry. 


N. 


85 


w. 


10 


N. 


46 


w. 


58 


N. 


33 


w. 


66 


N. 


10 


E. 


48 


N. 


34 


E. 


38 


N. I 


1. 




20 to the lower end of the Dugg Road. 


N. 


68 


w. 


36 


N. 


51 


w. 


11 


N. 


18 


w. 


16 


N. 


85 


w. 


14 


N. 


25 


E. 


108 on the Bridge of the Kittanning mountain. 


N. 


55 


w. 


150 to the foot of the Hill. 


N. 


23 


w. 


342 Swanger's Saw Mill. 


N. 


10 


E. 


12 


N. 


23 


VV. 


62 


N. 


12 


W. 


60 at 10 P S to a Branch of Sweet Arro. 


N. 


41 


W. 


72 


N. 


22 


W. 


110 


N. 


43 


w. 


80 


N. 


75 


w. 


182 ' 


N. 


16 


E. 


20 to a Second Branch of Sweet Arro= 


N. 


10 


W. 


68 Jacob Metz's. 


N. 


32 


W. 


470 the old feeding place. 


N. 


43 


W. 


121 


N. 


25 


w. 


78 up Sweet Arro. 



PROVINCIAL COUNCIL. 559 



Degrees. 


Perches. 


N. 


56 


W. 


21 


N. 


41 


w. 


20 


N. 


22 


w. 


53 


N. 


23 


w. 


36 Sweet Arrow Crossed. 


N. 


16 


w. 


40 


N. 


44 


w. 


40 


N. 


85 


w. 


44 


N. 


44 


w. 


28 


Wesi 


t 




204 


N. 


74 


w. 


53 


N. 


43 


E. 


59 on the broad Mountain. 


N. 


36 


W. 


128 


N. 


69 


w. 


40 


N. ~ 


6 


w. 


134 


N. 


10 


E. 


22 


N. 


32 


W. 


60 at 48 P S. the old Path to Likens' VaL 
ley. 


N. 


22 


W. 


222 


N. 


39 


W. 


64 


N. 


10 


E. 


52 to a Branch of Sweetarro. 


N. 


36 


W. 


241 on the top of the highest Rise, 


N. 


72 


W. 


253 


N. 


9 


W. 


45 to a noted Spring by y' old path. 


N. 


19 


E. 


16 


N. 


15 


W. 


25 


N. 


24 


W. 


18 


N. 


49 


W. 


8 


N. 


60 


W. 


27 


N. 


67 


W. 


14 


N. 


76 


W. 


60 to the foot of a j' broad Mountain. 


N. 


58 


w. 


540 


W. 






432 


s. 


75 


w. 


280 


s. 


71 


w. 


121 


s. 


84 


w. 


132 


N. 


88 


w. 


227 


N. 


85 


w. 


46 


N. 


45 


w. 


99 to Deep Creek. 


S. 


81 


w. 


37 Jacob Miller's place. 


N. 


65 


w. 


23 


N. 


49 


w. 


158 


N. 


84 


w. 


689 


N. 


68 


w. 


18 


N. 


47 


w. 


20 


N. 


81 


w. 


46 


S. 


72 


w. 


61 to Oderwelder's Place. 


N. 


77 


w. 


93 



560 MINUTES OF THE 



De2;rees. 


Perches. 


S. 


88 


W. 


172 


N. 


66 


W. 


164 To Pine Creek, at the Gap. 


n; 


5 


E. 


56 


N. 


4 


W. 


84 


N. 


10 


E. 


96 


N. 


4 


E. 


112 


N. 


43 


W. 


40 to Spread Eagle. 


N. 


26 


w. 


58 Maghontonga Creek. 


N. 


74 


w. 


48 


N. 


55 


w. 


52 


N. 


10 


w. 


106 


N. 


32 


w. 


168 


North 




77 


N. 


10 


w. 


50 


N. 


52 


w. 


47 


N. 


87 


w. 


256 


S. 


57 


w. 


61 


N. 


87 


w. 


336 


N. 


81 


w. 


129 


S. 


84 


w. 


103 


N. 


70 


w. 


46 to a branch of Swober Creek. 


N. 
N. 


12 


w. 


64 
30 


N. 


42 


w. 


48 


N. 


89 


w. 


328 


S. 


84 


w. 


26 


N. 


65 


w. 


64 


N. 


12 


w. 


42 


N. 


30 


E. 


36 


N. 


67 


w. 


54 


S. 


70 


w. 


52 


N. 


84 


w. 


48 


N. 


60 


w. 


124 


N. 


5 


E. 


47 


N. 


38 


w. 


132 


N. 


50 


w. 


58 


N. 


70 


w. 


39 


S. 


89 


w. 


12 


N. 


55 


AV. 


45 


N. 


13 


w. 


58 


N. 


20 


w. 


120 


N. 


35 


w. 


93 


N. 


10 


w. 


116 


N. 


10 


E. 


30 to Maghonnoy Creek. 


N. 


20 


W. 


104 to a White Oak on the Bank of Susque^ 



hanna River, & South Side of the Maghannioy Mountain. 



PROVINCIAL COUNCIL. 561 

" Which Road We beg leave to return to Your Honour and 
Council, agreeable to the Directions of the said Order. 
" Witness our hands. 

"JONAS SEELY, 
"JOHN PATTON, 
"PREDERICK WEISER, 
"BENJAMIN SPYCKEll, 
"CHRISTIAN LAUR, 
"THOxMAS JONES, Junior." 

The Board taking the said Return, and Draft of Survey accom- 
panying it, into due Consideration, and it appearing that no Objec- 
tion had been mude to any part thereof, do approve and confirm the 
Road, as in the said Return mentioned, which is hereby declared to 
be the King's Highway, or Public Road. And it is Ordered that the 
same be forthwith opened and cleared, according to the Courses and 
Distances abuvesaid, and rendered commodious for Public Service. 



At a Council held at Philadelphia, on Saturday the 21st of Janu- 
ary, 1769. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c»- 

Benjamin Chew, ? t^ 

T rpi u r Jbisquires. 

James iilgnman, 3 ^ 

The Governor laid before the Board a Bill sent up by the House 
for his Concurrence, entituled " An Act for regulating, Pitching, 
Paving, and cleansing the Highways, Streets, Lanes, and Alleys, 
and for regulating, making, and amending the Water Courses and 
Common Sewers within the Inhabited and Settled Parts of the City 
of Philadelphia, for raising money to defray the Expences thereof, 
and for other Purposes therein mentioned," Which was read and 
considered, and the following Amendments being made thereto, it 
was ordered to be returned *o the House with the same. 

• Amendments, Viz'-: 

" Page 3, Line 4. Dele the Name [Joseph Swift] and instead 
thereof insert [John Mifflin]. 

" Same Page. — Dele the Name [Joseph Swift] interlined be- 
tween the 13th and Antepenult Lines, and Instead thereof inseri 
the name [John Mifflin]." 

" Page 20, Penult line. — After the first word [of] add the 
Words |_the Mayor or Recorder and four of the Aldermen with]." 
VOL. IX. — 36. 



562 MINUTES OF THE 

" Page 51, Antepenult Line. — Instead of [remomoved] say [re- 
moved]." 

" Page 81, Line 6. — After the word [Recorder] insert the word 
[and]." 

" Page 86, Line 10. — Dele the word [generally] and insert the 
word [greatly]." 

" Page 98, Line 2d.— Dele the word [of] 



At a Council held at Philadelphia, on Tuesday the 24th of Janua- 
ry, 1769. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c='- 

Richard Peters, Lynford Lardner, "l 

William Logan, James Tilghman, l> Esquires. 

Benjamin Chew, J 

The Governor laid before the Board a Bill sent up by the As- 
sembly for his Concurrence, entituled " An Act for appointing Reg- 
ulators in the Southern parts of the Northern Liberties of the City of 
Philadelphia, and for other uses and purposes therein mentioned," 
Which was read and considered, and the following Amendments 
being made to it, ordered to be returned to the House with the 
same. 

Amendments, viz'-: 

" Page 5. — Dele from the word [that,] in Line 6, to the word 
[the] exclusive, in Line 10." 

" Same page, Line 12. — After the word [County] add the words 
[are hereby impowered and enjoined to appoint three Surveyors or 
Regulators of the said Streets, who]." 

" Page 7, Line 7. — Dele the words [County Commissioners] and 
insert the words [Justices of the County Court of Quarter Sessions 
of the Peace, for the said County]." 

" Same Page. — Dele the Lines 10 and 11." 

The Board then reconsidered the Assay Bill, which was ordered 
to be returned to the Assembly, with the following Amendments. 

Amendments, Viz' : 

'' Page 12, Line 6 — Dele the word [that]. 

" Page 13, Line 5. — Dele the words, [the end of the next sit- 
ting of Assembly;] and insert the words, [a new appointment shall 
be made, by Act of General Assembly of this Province."] 

*' Pages 18 and 19 — Dele from the word [provided] inclusive, in 
the 9th Line of Page 18, to the word [Master] inclusive, in the 
penult Line of Page 19." 

" Page 26, Line 8. — After the word [Law,] add as follows, viz :" 



PROVINCIAL COUNCIL. sea 

" And be it further enacted by the Authority aforesaid, that this 
Act shall continue and be in force for and during the space of 
four years, and from thence to the End of the next sitting of As- 
sembly, and no longer. 



January the 25th, 1769. 

The Assembly again sent up to the Governor by two members, 
the Bill for appointing Regulators in the Northern Liberties, with 
a Message " the House adhered to the Bill ;" and also the Assay 
Bill, with an answer to the Governor's Amendments, viz' : 

Amendment 1st. Agreed to by the House. 

2d.— The House adhere to the Bill. 

3d. — Agreed to by the House. 

4th. — Agreed to by the House. 



January the 27th, 1769. 

The Governor retured to the Assembly, by the Secretary, the 
Bill for appointing Regulators in the Northern Liberties ; with a 
Message, " that he adhered to his Amendments." The Secretary 
at the same Time, carried to the House the Bill for regulating, 
pitching, and paving the streets, &c*' of the City of Philadelphia, 
&"'■ with the Amendments made to it on the 21st Instant. 



At a Council held at Philadelphia, on Thursday 2d February, 
1769. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

Benjamin Chew, James Hamilton, "j 

Lynford Lardner, Richard Peters, t Esquires. 

James Tilghman, J 

The Board took into consideration the Bill entituled " A supple- 
ment to An Act entitled An Act for erecting part of the Counties 
of Philadelphia, Chester and Lancaster, into a separate County," 
which was read, and the Secretary directed to carry it down to the 
House, with the following Amendment, which the Council advised 
the Governor to make, in order to maintain his right of a share in 
the Nomination of Officers appointed by Law, viz'- 

" Page 5, Line 11. Dele the name [Benjamin Lightfoot] and 
instead thereof, insert [William Scull]." 



564 MINUTES OF THE 

Then was laid before the Boai'd a Bill sent up by the Assembly 
for the Governor's Concurrence, entituled "An Act to Dissolve the 
Marriage of Curtis Grubb, of the County of Lancaster, Iron Mas- 
ter, with Ann, his Wife, late Ann Few, and to enable him to 
Marry again/' which was read, and referred to a further Considera- 
tion. 

The Board taking the Assay Bill again into consideration, with 
the Assembly's Answer to the Governor's Amendments, the Bill 
was ordered to be returned again to the House, with a Verbal Mes- 
sage that His Honour adheres to his Amendments. 

Then was read a Petition from Samuel Kennedy and John Jacks, 
setting firth that they have greatly suffered in their persons and 
Estates, by the evil Treatment that they had received from Sundry 
riotous Persons, who, being Inhabitants of Maryland, had escaped 
into that Province, and avoided being brought to Justice, and pray- 
ing the Governor to take the same into consideration, and grant 
them suitable Redress. Also several certified Copies of Indict- 
ments and Affidavits for different Offences, committed in Chester 
(bounty, by divers Inhabitants of Cecil County, in Maryland, were 
laid before the Board and read. 

The Board taking the above matters into consideration, advised 
the Governor to write to the Governor of Maryland on the Subject, 
and Transmit the several Papers to him, and request he wjuld be 
pleased to give Orders to the Magistracy of that Province to issue 
Warrants for apprehending the Offenders complained against, and 
';ause them to be delivered over to the Magistrates of Chester 
(bounty, where the Biots and other Offences were committed, or to 
bold them to Sufficient securities for their several appearances at 
that County Court of Quarter Sessions, to answer the charges ex- 
hibited against them. A Letter was accordingly prepared, and 
ordered to be dispatched by the Post, and is as follows. Viz'- : 

"Philadelphia, February the 4th, 1769. 
" Sir : 

"By the Papers inclosed, you will find that several Riots, which 
I am informed were attended with very aggravating Circumstances, 
and other Offences have lately been committed in the County of 
Chester, within this Province, by People who are Inhabitants of 
Maryland. The Delinquents are out of the reach of our Process, 
and there is no way of bringing them to Justice but by your Assist-' 
ance, for which I the more chearfully apply, from a persuasion of 
your good Disposition to promote and establish an Harmony be- 
tween the two Provinces, and that you will at once see the pro- 
priety of the Application, and the Necessity there is that neighbour- 
ing Governments should concur in their Endeavors to punish the 
Crimes committed by the Borderers on both Sides. And I cannot 
doubt but you will give immediate Orders to the Magistracy of Cecil 
County, where, I am told, the Offenders reside, to issue Warrants 



PROVINCIAL COUNCIL. 566 

against, them, and wben apprehended, to cause them to be delivered 
to the Peace-Officers of Chester County, or to hold them to suffi- 
cient Securities to appear at that County Court, to answer the 
charges exhibited against them. At the same Time, I beg you will 
be assured that I shall always think it my Duty, as it is iny Incli- 
nation, to shew the utmost Respect to any Application you may at 
any Time have occasion to make to me. 

" I am, with great Regard, Sir, 

*' Your most Obedient humble Servant. 

"JOHN PENN. 
" To Governor Sharpe, at Annapolis." 



At a Council held at Philadelphia, on Wednesday 8th February, 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Grovernor, 

&c'- 

Benjamin Chew, } -n, 

T rr-1 u } Esquires. 

James iilghman, ^ ^ 

The House of Assembly again sent up the Assay Bill to the Gov- 
ernor, accompanied with a Verbal Message, which was laid before 
the Board, and is as follows. Viz'-: 

./5 Verbal Message to the Governor. 

The House, desirous to agree with the Governor on a Bill of so 
much Importance to the public as that entituled " An Act for the 
preventing Frauds and Abuses in Gold and Silver Wares, made and 
sold in this province," have reconsidered the same, and offer to hi? 
Consideration the following Alterations, instead of his proposed 
amendments, relating to the new appointment of the Assay Masters, 
viz*- : 

" Page 4, Lines 11 & 12. Dele the Words [his Successor or 
Successors]. 

" Page 7, lines 8 & 9. Dele the Words [their or either of their 
Successors]. 

" Pages 12 and 13. Dele from the Word [Act] exclusive, in 
the 9 Line of Page 12, to the Word [But] in the 6th Line of Page 

" Page 13, Line 7. Dele also the Words [or hereafter to be]. 
" Page 14, Line 1. Dele the Words [his Successors and every 
of them]. 

" Page 17, Line 9. Dele the Words [for the Time being]. 
" Page 25, Line 2. Dele the words [or his successor]. 
February 7th, 1769. 



566 MINUTES OF THE 

The Board taking the same into consideration, and the follow- 
ing Answer being drawn up at the Table, the Secretary was directed 
to deliver the same to the House with the Bill. 

"The Governor's answer to the Verbal Message of the Assem- 
bly of the 7th Instant, proposing some Alterations to the Amend- 
ments made by the Governor to the Bill entituled ' An Act for the 
preventing Frauds and Abuses in Gold and Silver Wares made and 
sold in this Province.' 

" The Governor's Amendment was intended to guard against the 
possibility of any Dispute which might hereafter arise on the Deter- 
mination of the office of the Person to be appointed by the Justices, 
on the Death or removal of either of the Assay masters named in the 
Bill, respecting the new appointment of such Officer ; and he cannot 
see why the House should object to the Amendment, unless they 
mean by the Ambiguity of the Words in the Bill, [until the end 
of the next sitting of Assembly], to exclude him at a future Time 
from any share in the nomination of the Officers, which is a Pre- 
rogative of the Crown he cannot part with, and therefore adheres to 
his Amendment. The Inconveniences and Confusion which would 
arise for want of a Power lodged somewhere in case of the Death 
or removal of an Officer, during the Recess of the Assembly, are 
so evident, that the Governor cannot accede to the proposed Altera- 
tions offered him by the House in their Verbal Message." 

February the 8th, 1769. 

A Bill, entituled "An Act for incorporating the Society formed 
for the lielief of Poor, Aged, and Infirm Masters of Ships, their 
Widows, and Children," sent by the Assembly for the Governor's 
Concurrence, was laid before the Board and read, and agreed to be 
detained for further Consideration. 

A Bill, entituled " An Act for the Sale of a Church in the City 
of Philadelphia, to pay the Debts now due for building the same, 
and distributing the Residue of the Purchase Monies arising from 
such Sale among the several persons who have been obliged to ad- 
vance Monies on account of the said Church," was also read, and 
there appearing no objection to the same, it was ordered to be re- 
turned to the Assembly, with a Message that the Governor agreed 
to it. 

The Board resumed the Consideration of the Bill for dissolving 
the Marriage of Curtis Grubb, and, before they thought proper to 
come to any Determination thereon, the Secretary was directed to 
acquaint the. Assembly, by a verbal message, " that the Governor 
desired they would furnish him with such Papers and Proofs as they 
had received, to support the Facts contained in the Bill." 



PROVINCIAL COUNCIL. 5^7 

The Governor then laid before the Board two other Bills, sent 
up by the Assembly for his Concurrence, entituled as follows, Viz'-: 

'' An Act for raising, by way of Lottery, the Sum of a61687, 10s, 
Od, to be applied to the payment of the arrears of Debt due for 
erecting and finishing the German reformed Church, and the Grcr- 
naan Lutheran Church in York Town, and for the payment of the 
Arrears of Debt due for the erecting and finishing the German 
Lutheran Churches at Heidleberg and Lebanon, both of Lancaster 
County." And, 

" An Act for raising, by way of Lottery, the Sum of ,£3099, 123, 
Od, for the purposes therein mentioned," both which were read, and 
a few small amendments being made to them, were ordered to be 
returned to the House with the same. 



At a Council held at Philadelphia, on Friday the 10th Feb^- 
1769, 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

&'• 

Benjamin Chew, | ^sauires 
James Tilghman, j ^ 

The Governor laid before the Board a Bill sent up by the As- 
sembly, entituled " An Act to enable the managers of the Contri- 
butions for the Relief and Employment of the Poor in the City of 
Philadelphia, to raise the Sum of fourteen Thousand Pounds in 
Bills of Credit, towards discharging their Debts, and to provide a 
Fund for redeeming and sinking the said Bills," which was read, 
and the following amendment being made thereto, ordered to be 
returned to the House with the same: 

Amendment, Viz'- : 

Page 7. Dele from the word [with] in Line 2d, to the word [the] 
in Line 4, and insert the words [the greatest difficulty from]. 

A Committee of Assembly having yesterday laid before the Gov- 
ernor, agreeable to his request, such Papers and Proofs as they had 
in support of the Facts contained in the Bill for dissolving the Mar- 
riage of Curtis Grubb, they were laid before the Board, and the 
consideration of the Bill was resumed, and the following amend- 
ments were made to it and ordered to be carried to the House with 
the Bill. 

Amendments, viz'-: 

Page 2, Lines 8 and 9. Dele the Words [aforesaid separation and 
is] and insert the Words [absence of her said Husband and was]. 
Page 4, Line 3. Dele the word [vacated]. 



668 MINUTES OF THE 

Same Page and pages 5, 6, and 7. Dele from tlie word [Time] in 
the Sixth Line of Page 4, to the word [and] exclusive in the fifth 
Line of Page 7, and instead thereof insert the Words {[after the 
passing of this Act, (his former Marriage with the said Anne not- 
withstanding) to contract Matrimony with and take to Wife any 
other Woman during the Natural Life of the said Anne, in the 
same manner as he might or could do if she, the said Anne, was 
actually Dead, and such marriage, when had and solemnized, shall 
be, and is hereby declared and adjudged to be good and legal, to 
all intents and Purposes whatever, and the issue thereof, (if any) 
to be born in Lawful Wedlock, able and capable in Law to take, 
purchase, or inherit, by Will, Deed, or otherwise, any Estate, Real, 
Personal, or mixed, in the same manner as any other Person or legi- 
timate Child, or Children, by the Laws of England, or of this 
Province, in any Case may or can do.] 

'^ Page 8, Line 5. Instead of [thereafter], say [hereafter]. 



Eodem Die, P. M. 

Two Members of Assembly waited on the Governor, and de- 
livered him a Message from the House, which follows in these 
Words, Viz'- : 

A Message to the Governor from the Assembly. 

" May it please Your Honour : 

" We have taken into our Consideration your Message acquainting 
us that a general Boundary Line was happily settled by Sir 
William Johnson, His Majesty's Superintendaut of Indian Aifairs, 
between the Indians of the Sis Nations, the Delawares, and Shawa- 
nese, and His Majesty's middle Colonies. The accomplishment of 
a IVIeasure so important to the British Interests in America, could 
not fail to give us the utmost satisfaction, as We have Reason to 
expect it will be the means of preserving that Harmony and Friend- 
ship between those Colonies and the Natives, which have heretofore, 
from various Causes, been too frequently interrupted. It is also 
particularly agreeable to us, to learn that the Proprietaries of this 
Province have purchased a large Tract of Country within that 
Boundary, from whence a Prospect is afforded of new and extensive 
Settlements, and a further Increase of Inhabitants within this Pro- 
vince. And as We esteem it our incumbent Duty, it shall be our 
constant Care to pay a strict Regard and attention to whatever Ob- 
ject His Majesty shall, in His Wisdom, be graciously pleased to 
recommend to our Consideration. Nothing, therefore, in our Power, 
shall be wanting which shall appear necessary and effectual to prevent 
future Settlements on the Lands unpurchased of the Indians, and 



PROVINCIAL COUNCIL. 569 

every other Abuse, or Act of Injustice that can reasonably create in 
them a Disaffection to the Colonies in General, or this Province in 
particular. 

" Signed by Order of the House, 

" JOSEPH GALLOWAY, Speaker. 
" February the 10th, 1769." 



At a Council held at Philadelphia on Monday February 13th, 
1769. 

TRESENT : 

The Honourable JOHN PENN, Esc[uire, Lieutenant Gover- 
nor, &c^- 

William Logan, Lynford Lardner, | jjg ^^.gg 

Benjamin Chew, James Tilghman, j ^ 

The Governor laid before the Board a paper transmitted to him 
by Sir Henry Moore, Governor of New York, containing an account 
of the Proceedings and Resolutions of a number of People belong- 
ing to the Province of Connecticut, who call themselves the Sus- 
quehanna Company, at a late Meeting held at Hartford ; as also a 
Letter from Lewis Gordon, Esquire, dated the 7th of February, 
Instant, and another from Charles Stewart and John Jennings, 
Esquire, Sheriff of Northampton, dated Wyoming the 6th Instant, 
which were severally read, and are as follow. Viz'- : 

Proceedings and Resolutions of the Susquehanna Company. 

" Whereas, at a meeting of the Susquehanna Company, held 
at Hartford on the ISth Day of May, Anno Domini, 1763, said 
Company were advised that His Majesty, in his Royal Pleasure to 
inhibit all Entries and Settlements upon the said Lands, claimed 
by said Company, purchased of the Six Nations of Indians, lying 
on the River Susquehanna, until the state of the Case should be 
laid before His Majesty, and such precautions taken as might obvi- 
ate any such Troubles with the Indians : 

" And Whereas, said Company at said meeting, in pursuance of 
His Majesty's Order, did then Vote that no Person or Persons be- 
longing to said Company shall enter upon or make any Settlements 
upon those Lands accordingly ; And Whereas, The state of the 
Case, respecting those Lands, have been laid before His Majesty in 
Council, and in pursuance of His Majesty's Orders, such precau- 
tions have been taken in setling the Line with the Indians, and in 
paying and satisfying them for all the Lands lying East of the said 
Line, settled as aforesaid, as fully to obviate any fresh Troubles with 
the Indians, on account of any Claim or Settlement of the English, 
within the aforesaid Line. Thereupon, it is now voted by the said 



i70 MINUTES OF THE 

Company to proceed and settle said Lands lying on and adjacent to 
said Susquehanna River, purchased from the Indians by said Com- 
pany, lying within the Line settled with the Indians as aforesaid, 
at the late Congress at Fort Stanwix, as soon as conveniently may 
be. Voted, that forty Persons upwards of the age of twenty-one 
years, Proprietors in said Purchase, and approved by the Company 
hereafter nominated and appointed, proceed to enter upon and take pos- 
session of said Land,for,andinbehalf of said Company, by the first day 
of February next ; and that two hundred more of the age aforesaid, 
proceed and join said forty on the Lands aforesaid, as early in the 
Spring as may be, for the purpose aforesaid, not later than the first 
Day of May next ; and that in order to encourage said forty Per- 
sons to proceed, settle, take possession of said Lands for and in be- 
half of said Company, that there be paid into the hands of a Com- 
mittee appointed and hereafter named, to and for the Use of said 
forty the sum of 56200, to be laid out by said Committee, in provid- 
ing proper materials, sustenance and Provisions for said forty, as at 
the Direction of said Committee shall be thought needful and pro- 
per. And for the further encouragement of the said two huadred, 
who may join them in the Spring, according to the foregoing vote, 
it is further considered and voted to lay out five Townships of Land 
within the purchase of said Company, and within the Line settled 
with the Indians aforesaid, of five miles square each, three on the 
one side of the River and two of them on the other opposite side 
the River, adjoining and opposite to each other, only the River part- 
ing, at such place on the said River as they may think proper, each 
of said Townships to be five miles on the River, and to extend iu 
equal wedth back five miles, to be and belong to the said forty, and 
the said two hundred persons, over and above their respective 
Shares and Proportions in the remainder of the general Pur- 
chase, in manner following, viz'- : That the said forty have 
their first Choice of said five Townships, ^hich they shall chuse 
to be and belong to the said forty ; and the other four to be and be- 
long to the said two hundred, to be divided out to them by fifty's ou 
a Township, as they shall think proper, reserving and appropriating 
three whole Rights or Shares in each Township, for the Public Use 
of a Gospel Minister and Schools, in each of said Towns; and also 
reserving for the use of said Company, and for their after disposal, 
all Beds, Mine, Iron Ore, and Coals, that may be within said Town- 
ships. The aforesaid Townships to be held by said forty and 
said two hundred, on Condition of their entering upon and take 
Possession, according to the above Vote ; and also of their continu- 
ing thereon, holding and Improving the same, by themselves, their 
Heirs and Assigns, under Said Company, for the space of five Years 
after this Entry, as aforesaid ; and that they shall not so disorderly 
conduct and behave themselves as shall by the Company be judged 
inconsistent with the Good and Interest of said Company; And 
that they hold not the same or any other Part of said Purchase 



PROVINCIAL COUNCIL. ' 571 

«nder pretence of any other Claim but of said Company, if the first 
Number approvoi by said Company shall fall short of forty, or of 
those that do proceed to join them in the spring shall fall short of 
two hundred. Nevertheless, those that do proceed according to the 
above Vote, to be entituled to their respective parts or Shares in 
the said five Townships, in full, as though the whole number were 
■compleated. And, in Order that proper Persons, and such as may 
appear to be most Subservient to the benefit of said Company, may 
be orderly introduced as first settlers on said Lands, Voted that a 
■Company be appointed in each County in this Colony, as also some 
meet Person or Persons in the neighboring Colonies, to admit and 
approve of such Persons as may olfer themselves for the first set- 
tlers, according to the foregoing Vote. And, that Colonel Samuel 
Talcoot, Major Eleazor Talcoot, Jonathan Pettebone, and Jonathan 
Root, Esquires, for the County of Hartford ; Daniel Lyman, Esquire, 
Michael Baldwin, and Captain Maycock Ward, for the County of 
New Haven; Samuel Ely, Esquire, Gersham Breed, and Captain 
Obadiah Gore, for the County of New London ; Cornelius Hull, 
Nathan Berdseye, Benjamin Selly, for the County of Fairfield; 
John Smyth, Samuel Gray, Esquires, and John Jenkins, for 
the County of Windham ; Increase Mosley, Samuel Canfield, Es- 
quires, and Beajamin Stephens, for the County of Litchfield; 
William Busk and John Woodworth, for the Province of New 
York; Timothy Woodbridge, Esquire, for the Province of the 
Massachusetts Bay; Isaac Trip, Job Randal, and Ezra Dean, 
for the Colony of Rhode Island, be, and are hereby appointed 
Committee, jointly and severally, to approve and admit of the 
aforesaid two hundred Persons proposed as first Settlers on said 
Lands, in such a manner and proportion as they shall agree, so as 
not to exceed the number proposed; And that Isaac Trip, Benjamin 
Toilet, John Jenkins, William Burk, and Mr. Benjamin Shomaker, 
be, and they are hereby appointed a Committee to approve and ad- 
mit, oversee, Superintend, manage, and order the affairs of the first 
forty Settlers, to raise the Monies granted to their Use, to lay out 
and prepare a convenient Road to Susquehanna River, for which 
purpose they are to receive fifty Pounds, to be laid out in preparing 
a Roud as aforesaid, for the Benefit of the said Company, and to 
account with the Standing Committee of said Company therefor ; 
And, upon any, or either of said last mentioned Committee failing 
to attend said Trust to which they are appointed, the place, or pla- 
ces, to be supplied by such other Person or Persons as shall be 
•chosen by the major part of said forty first Settlers ; And upon the 
arrival of the two hundred proposed to join the said forty in the 
Spring, they may, if they see cause, together with the said forty, 
by their m:ijor Vote, add to said Committee, so as to make the 
whole number of nine, who shall then be the Committee to oversee, 
ordain, and regulate the Afi'airs of said Settlers, and other of said 
Company who may join them, until further or otherwise Ordered 



m2 MINUTES OF THE 

by said Company; which said Committee, by a Majoi- Vote of Set- 
tlers there present, duly convened, may expel from, any Person 
among them who shall so disorderly conduct and behave, or shall 
by them be judged inconsistant with the good and Iiit'3rest of said 
Company, and may declare the Right of such Persons in said Pur- 
chase forfeit, which shall so remain, unless said Company, at any 
after meetings, upon hearing Cause of Complaint, shu.ll otherwise 
determine. 

Passed in the Affirmative. 

Voted that if any Settler or Settlers on the aforesaid Lands, in pur- 
suance of the Vote of this Company, shall be sued or prosecuted 
in the Law by the proprietors of Pennsylvania, or any uuder them, 
on account of such his Settlement and Possession, that, on proper 
Notice being given to the standing Committee of said Company, 
that the Company will be at the Cost of his or their D: fence in said 
suit. 



A Letter to the Governor from Lewis Gordon, Esquire. 

''Easton, 7th February, 1769. 

" Sir : 

" A few Hours ago I received a Letter by Express, from Mes- 
sieurs Stewart and Jennings, now at Wyoming, iniimating that 
they had Intelligence from the Minisinks that a large Body of New 
England Men were to set oif from thence for Wyoming, in order to 
take forcible possession of those Lands, requesting my Advice how 
they are to conduct themselves until they shall receive your instruc- 
tions on this Head. The Express is this Moment set oif for John 
Aliens, Esquires, at the Union. This Moment the Constable of 
the Minisinks is come down to me, on the same account, and informs 
there are at least between forty and fifty New Enghind Men in his 
Neighbourhood, on their Journey to Wyoming, and that they have 
a great many friends amongst them. He is an active Man, and 
seems well disposed to serve the Government; wherefore, I shall 
(as soon as I can learn any of the New England People's names, 
which I expect a List of this Night,) issue a Warrant against them, 
to be executed by the same Constable, whom I detain on purpose, 
and endeavour all that lies in my Power to apprehend them, and 
put a stop to this dangerous scheme, a Copy of which I have taken 
the liberty to inclose, that, in Case there be any defect, it may 
speedily be rectified. I beg your Honour will excuse this scrawl, 
having been busy all Day, and the Bearer impatient to be gone, and 
believe that I am, with the greatest Respect, Sir, 

''Your most Obedient, and most humble Servant, 

"LEWIS GORDON. 

" The Honourable John Penn, Esquire." 



PROVINCIAL COUNCIL. 573 

A Letter to the Governor from Charles Stewart and John Jen- 
nings, Esquire. 
"Sir: 

" By an Express from John Vancampen, we have received in- 
formation th t upwards of one hundred New England Men were 
last Saturday at Nicholas Dupue's, that they were to set off from 
thence this jiorning for this place, with Intent to turn us out of 
Possession. We therefore have dispatched the Bearer to acquaint 
your Honour 'f this Motion, and receive your Orders how we are to 
treat them. vV'e have wrote to Mr. Gordon to send us, with all 
speed, such processes as may be necessary to take them with, in 
Case they att mpt to settle or force a Possession into any of the 
Houses now l>uilt, if this should happen before your Orders 
reach us. We have not learnt the names of any of them except 
William Buck, who was formerly here, with those who were killed 
by the Indians. Any processes that your Honour may please to 
send us may tliorelore be P>lank; as to the others whose names we 
shall insert as soon as we know them, and have sent to John Van 
Campen to fin 1 out for us. At present we have only ten men here; 
the others are returned home after building their Houses. We 
still flatter ourselves this affair will end without Blows, as we have 
certainly weak "ned their party in this County by getting the Van- 
campens and >*Shoemakers to take Lands in the Manor. 

" We are. Your Honour's Most Obedient Servants, 

"CHARLES STEWART, 
"JOHN JENNINGS. 
" The Honourable JOHN PENN, Esquire. 

" Wyoming, 6th February, 1769." 

The Governor having already written Answers to the above men- 
tioned Letters, the Board took into their Serious Consideration the 
account of th^' late proceedings of the Connecticut People, respect- 
ing their Design of making an immediate Settlement on the Sus- 
quehanna Lands, and were of Opinion that a Letter should be forth- 
with dispatched to the Governor of Connecticut, making him 
acquainted th' rewith, and requesting his Interposition in the matter, 
and that he would use his Influence and Endeavors to put a stop to 
the Evil Designs of those people, and thereby prevent the fatal 
Consequences that must unavoidably follow the Establishment of 
so illegal a Settlement. A Draught of a Letter being accordingly 
prepared, was lead and agreed to, and ordered to be Transcribed 
and dispatched to the Governor of Connecticut by the post. The 
said Letter is as follows, viz'-: 

" Philadelphia, 13th February, 1769. 

" Sir : 

" I have received certain Advice that in Consequence of Reso- 
lutions entered into by a Society of Pepple in your Province, who 



574 MINUTES OF THE 

call themselves the Susquehanna Company, a number of them are 
set out with a Design to enter upon and settle a part of the River 
Susquehanna, which is within the Bounds of the Charter of this 
Province, and the General Boundary Settled last fall with the In- 
dians of the Six Nations, at Fort Stanwix, and which at that 
Treaty was purchased of those Indians for a very large Sum of 
money by the Proprietaries of this Province, It is given out, too, 
that a greater Number are Soon to follow, and that these Adven- 
turers have the Countenance of your Government in their very 
unjust and illegal Undertaking; Yet, when I consider that like 
attempts have been made heretofore, and how often the same wild 
Scheme has been disavowed by your predecessors, as will appear by 
the Correspondence had between the Governors of Connecticut and 
Pennsylvania, in the Years 1754, 1755, 1761, and 17G3, upon the 
Subject of the Claims and pretentions of these Intruders, I cannot 
give Credit to this part of the Report. 

" It is alledged that these imprudent People found their unjust 
Claim partly in the Extent of the Original Charter of Connec- 
ticut, and partly on purchases made of the Indians. But when it 
is considered that the Province of New York, in the hands of the 
Dutch, at the Time of the Connecticut Charter, lay between that 
Colony and Susquehanna, it cannot be conceived how that Charter 
can operate to affect the place which is now the subject of Contest. 

" Yet, if there could possibly at first have been any Doubt of the 
Extent of that Charter, from the Words of it, the settlement of 
its Western Limits by the Commissioners appointed between the 
Crown and that Colony so early as the year 1664, has entirely 
cleared it up. Nor is any Claim which these Intruders can set up 
under Indian purchases, better founded than their pretentions un- 
der the Extent of the Charter. It is well known that the Indians 
never sell their Rights but in public Council, and it cannot be pre- 
tended that any Deeds made to the People of Connecticut were at- 
tended with that solemnity. Nay, it is notorious that at the Time 
these pretended purchases were made, the Indians of the Six Na- 
tions refused in public Council, at the Treaty of Albany, in the 
year 1754, to sell these Lands to the proprietaries of Pennsylvania, 
to whom alone they could sell them consistent with their prior En- 
gagements entered into many years before, and confirmed at that 
Treaty, and also at the late Treaty at Fort Stanwix. These pur- 
chases were therefore, always looked upon by the Six Nations as 
private and fraudulent, and inconsistent with their prior En- 
gagements to the proprietaries of Pennsylvania; and accordingly, 
the settlements made by the people of your Province in 1755, at 
Wyoming, were highly resented and complained of by the Indians, 
who at length proceeded to the most fatal Extremities. But if 
their Claims under those Deeds were not liable to these Objections, 
yet they were void by the Laws of this Province, made many years 
ago, which prohibit the making of purchases of the Indians by any 



PROVINCIAL COUNCIL. 575 

but the proprietaries. So that in whatever Light the matter is 
considered, it is against these rash and inconsiderate people who, 
by their lawless Intrusions, would again disturb the peace and Tran- 
quility of this Government. You may well imagine, that after the 
proprietaries have paid so large a Consideration for this Country, 
so evidently within the Limits of their Charter, and have settled 
a Number of people upon it, which I must inform you is truly the 
case, this Government cannot be tame spectators of an illegal forci- 
ble possession, taken by People who have not the least (/olour of 
Right, 

" The Consequence therefore, of these deluded People's persisting 
in their unwarrantable Designs, must be a scene of violence and con- 
fusion, which all good Men would wish to avert, and which it is the 
peculiar Duty of those who are in public stations to prevent. I 
cannot suppose that the Government of Connecticut would encour- 
age a procedure so unreasonable and illegal, and big with mischiev- 
ous Consequences, which I would rather hope they would use the 
utmost of their power to prevent; and it is under this Expectation 
that I now apply to your Honour, requesting you to enquire into 
the Matter, to place it in a proper Light to the people of your 
Colony, and to use your power and Influence to prevent the many 
fatal Consequences which must flow from their pursuit of any ille- 
gal or violent Measures. 

" I am sir, with great Regard, 

" Your most Obedient 

'' humble Servant, 
''JOHN PENN. 

" The Hon^'^ William Pitkin, Esquire." 

Upon this Occasion, the Board were of Opinion also, that some 
proper Persons at Wyoming should be cloathed with the Authority 
of magistrates for the preservation of the Peace, and for the better 
Execution of the Orders of the Government, in Case the People of 
Connecticut should attempt to prosecute their Scheme of Settle- 
ment, or commit any Riots or Disturbances, and two special Com- 
missions were accordingly issued, appointing Charles Stewart and 
Amos Ogden, Esquires, Justices of the County Court of Quarter 
Sessions of the Peace for the County of Northampton. 

The Governor then laid before the Board a Bill sent up by the 
the Assembly, entituled " An Act for raising the Sum of £16,000 
for the Support of the Government of this province, and payment 
of the Public Debts, and other purpose therein mentioned ;" which 
was read, and the Board were of Opinion that it would be proper 
to obtain from the assembly a List of the Debts which were inten- 
ded to be discharged by the Bills of Credit intended to be emitted 
pursuant to the said Bill. The Secretary was accordingly sent to 
the House with a verbal message as follows, viz'- : 



576 MINUTES OF THE 

"Sir: 

" The Governor requests that the House will furnish him with a 
List of the Certificates which the Bills of Credit directed to be 
emitted by the Bill for raising the Sum of £16,000, &c,, now under 
his Consideration, are intended to take up and discharge." 



Eodem Die, P. M. 

Two members of Assembly waited on the Grovernor, and agree- 
able to his Request of this morning, delivered him an Estimate or 
List Debts due from the Province of Pennsylvania. 



At a Council held at Philadelphia, on Wednesday the 15th of 
February, 1769. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &c^- 

Richard Peters, Benjamin Chew, > t^ • 

James iilgnman, ^ ^ 

The Consideration of the Bill for raising the Sum of £16,000 was 
resumed, and two Amendments were made to it, and ordered to be 
carried to the House with the Bill. 

Amendments, viz'-: 

" Page 9, "line 13. After the word [of] add the word [them]. 

" Page 16, line 9. After the word [her] add [charges and]." 

Then were read two Bills sent up by the House of Assembly for 
the Governor's concurrence, entituled as follows. Viz' : 

" 1. An Act to enable the Commissioners therein after named, to 
settle the accompts of the Managers, and to sue for and recover of 
them, their Executors, or administrators, such Sums of Money as 
are now due and unpaid on account of the Lottery drawn for erect- 
ing a new School House for the High Dutch reformed Congrega- 
tion, and for enabling the Vestry and Wardens of Saint James' 
Church, in the Borough of Lancaster, to compleat the work by them 
begun, and also, to enable the managers to sue for and recover 
money due to theiu for the Sale of Tickets in the said Lottery." 

^' An Act for a new Regulation of the allotments of Banks, Dams, 
Sluices, and Flood Gates, belonging to the Tinicum Company, 
Owners and Possessors of drained meadow Land in the Township of 
Ridley, in the County of Chester." 

Which Bills were considered, and no Objections appearing against 
their passing into Laws, were ordered to be returned to the Assem- 
bly with the Governor's Assent. 



PROVINCIAL COUNCIL. 577 

The Governor then laid before the Board a Bill eutituled " An 
Act to enable the Owners and Possessors of the Wickacoa and 
Moyamensing meadows, to erect a Dam across Hollander's Creek, 
near its Junction with Hay Creek, and for other Purposes thereiu 
mentioned,'^ which was read, and ordered to be returned to the 
House with the following Amendments, Viz"-: 

" Page 1, Line Penult. After the word [of] add the word [little]. 

" Page 2, Penult and antepenult Lines. Dele the Words [Hol- 
lander's Creek near its Junction with Hay Creek,] and instead 
thereof insert the words, [little Hollander's Creek, below the Mouth 
of little Ha}' (^reek, and near the Junction of the Waters of Great 
Hollander's Creek and Great Hay Creek.]" 

" Pages 2 and 3* — Dele the AVords [and at such place and Dis- 
tance] in the last Line of page 2 — and the Words [from Hay 
Creek] in the first Line of page 3." 

" Page 3, Line 9.— after the word [said] add the word [little.]" 

" Page 6, Line 7. — after the word [across] add the word [little.]" 

''Page 11, Line 1. — after the word [upon] add the words [the 
said.]" 

" Page 13j Line 6. — after the word [down] add the word [little.]" 

The Governor also laid before the Board a Bill sent up by the 
Assembly for Concurrence, entituled " An Act to enable the own- 
ers and Possessors of a certain Tract of Marsh and Meadow Land 
therein dt'.seri^ed, situate in the Township of Kingsess, in the County 
of Philadelphia, to keep the Banks, Dams and Sluices in repair, 
and to raise a Fund to defray the Expences thereof" — which was 
read and referred to further Consideration. 



At a Council held at Philadelphia, on Thursday 16th February, 
1769. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

Benjamin Chew, 1 -^ 
James Tilghman, j '■ 

The Board resumed the Consideration of the Bill for enabling 
the owners of a Tract of Meadow Land in Kingsess, to keep the 
Banks, Dams, &c'^' in Repair, &c^' and ordered the same to be rc- 
tarned to the House with two small amendments. 

Two members of Assembly having yesterday again brought up 
to the Governor the Bill for raising the sum of i31G,000, with a 
Message that the House adhered to the Bill; the Board took the 
samd into Consideration, and directed the Secretary to return the 
said Bill to the House with the following verbal Message, viz'-: 
VOL, IX. — 57. 



578 MINUTES OF THE 

A Verbal Message from the Governor to the Assembly. 

" Sir : 

" The Governor returns the Bill entitulcd 'An Act for raising 
the sum of £16,000 for the support of the Government, (fee"-'' and 
commands me to acquaint the House that he has reconsidered the 
two amendments he proposed to it ; and as the first of them regards 
only propriety of Expression, and the other is of little consequence 
to the real merits of the Bill, he consents to wave them. 

" February 16th, 1769." 

Then were read and considered the three following Bills, sent up 
by the Assembly for the Governor's Concurrence, Vizt. : 

1. " An Act to prevent persons from settling on the Lands with- 
in the Boundaries of this Province, not purchased of the Indians." 

2. " An Act for ascertaining the securities to be given by the 
Provincial Treasurer for the Time being, for the faithful perform- 
ance of his Trust." 

3. " An Act to enable the Recorder of Deeds of the City and 
County of Philadelphia, to receive into his Custody the antient 
Books and Records of the Corporation of Germantown." 

To all which a few inconsiderable Amendments were made, and 
ordered to be carried to the House with the Bills to-morrow. 

A Bill entituled "An Act for the relief of James Green, Ben- 
jamin Davis, and Paul Riffet," was also laid before the Board and 
read, to which the following Amendments were made and the Bill 
ordered to be returned to the House with the same to-morrow Morn- 
ing- 
Amendments, Viz'- : 

" Page 7, Line 6. — Dele the word [that] and insert the Words 
[after which]." 

" Same page. Line 11. — Dele the word [that]." 
" Same page. Line 12. — Dele the words [upon making such as- 
signment as aforesaid]." 



Friday the 17th of February, A. M. 

The Secretary, by the Governor's Directions, carried down to the 
Assembly the six Bills considered by the Council last Night, with 
the amendments and Verbal Message, and at the same Time re- 
turned to the House the Bill for incorporating the society for the 
Relief of poor. Aged and Infirm Masters of Ships, their Widows 
and Children, with a Message that the Governor could not agree to 
it into a Law. 



PROVINCIAL COUNCIL. 579 

Eodem die, P. M, 

Two Members of Assembly waited on the Governor, and acquaint- 
ed him that the House having acceded to the amendments made to 
the Bill returned by His Honour this morning, and being inclined 
to adjourn to-morrow, requested the Governor to appoint two Mem- 
bers of Council to join two Members of Assembly to compare the 
Bills which had been agreed to, with their engrossed Copies; and 
his Honour appointed one Member of Council and the Secretary 
for that purpose. 



Council Chamber, Saturday the 18th February, 12 O'Clock. 

The several engrossed Bills being compared with their Originals 
and found to agree, The Governor sent the Secretary with a Mes- 
sage to the House requiring their attendance, that he might pass 
the Bills which had received his Assent. 

The whole House attending accordingly, the Speaker presented 
to the Governor the following Bills, which he was pleased to enact 
into Laws, and issued a Warrant for affixing the Great Seal thereto, 
and appointed a member of Council and the Secretary to accompany 
two members of the House to see them Deposited in the Bolls 
Office, Viz'- : 

1st. "An Act for regulating, pitching, paving, and cleansing the 
High Ways, Streets, Lanes, and Alleys, and for regulating, making, 
and amending the Water Courses and Common Sewers within the 
inhabited and settled parts of the City of Philadelphia, for raising 
money to defray the Espences thereof, and for other purposes 
therein mentioned." 

2d. "An Act for raising, by way of Lottery, the Sum of £1687, 
10, 0, to be applied to the payment of the arrears of Debt due for 
erecting and finishing the German reformed Church at York Town, 
and fur the payment of the arrears of Debt due for the erecting and 
finishing the German Lutheran Churches at Heidleberg and Leba- 
non, both of Lancaster County." 

•Sd. "Act Act for the Sale of a Church in the City of Philadel- 
phia, to pay the Debts now due for building the same, and distri- 
buting the residue of the purchase monies arising from such Sale, 
among the several persons who have been obliged to advance monies 
on account of the Said Church." 

4th. "A Supplement to an act entituled 'An Act for erecting 
part of the Counties of Philadelphia, Chester, and Lancaster, into 
a Separate County,' " 

5. "An Act to enable the Commissioners therein named, to set- 
tle the Accompts of the Manargers, and to sue for and recover of 
them, their Executors or Administrators, such Sums of money as 



580 MINUTES OF THE 

are now due and unpaid, on account of the Lottery set up and 
drawn for erecting a new School house for the High Dutch reformed 
Congregation, and for enabling the Vestry and Wardens of Saint 
James's Church, in the Borough of Lancaster, to complete the 
work by them begun ; and also to enable the Managers to sue for 
and recover money due to them for the Sale of Tickets in the said 
Lottery." 

6. "An Act for raising, by way of Lottery, the Sum of £3099.- 
12.0, for the use of the first and third Presbyterian Churches, and 
the Second Presbyterian Church, in the City of Philadelphia, and 
of the German reformed Church in the Township of Worcester." 

7. " An Act to enable the Managers of the Contributions to the 
Relief and Employment of the Poor in the City of Philadelphia, 
to raise the Sum of £14,000 in Bills of Credit, towards discharging 
their Debts, and to provide a Fund for redeeming and sinking the 
said Bills." 

8. "An Act to enable the Owners and possessors of a certain 
Tract of Marsh and Meadow Land therein described, Situate in the 
Township of Kingsess, in the County of Philadelphia, to keep the 
Banks, Dams, Sluices, and Flood Gates in Repair, and to raise a 
Fund to defray the Expences thereof " 

9. " An Act to enable the Owners and Possessors of the Wica- 
coa and Moyamensing meadows to erect a Dam across Hollander's 
Creek, near its Junction with Hay Creek, and for other Purposes 
therein mentioned." 

10. " An Act for raising the Sum of 3616,000 for the Support of 
the Government of this Province, and payment of the Public Debt'^, 
and for other Purposes therein mentioned." 

11. " An Act for a new Regulation of the Allotments of Banks, 
Dams, Sluices, and Flood Gates, belonging to the Tinicum Com- 
pany, Owners and Possessors of drained Meadow Land in the Town- 
ship of Ridley in the County of Chester." 

12. " An Act to enable the Recorder of Deeds tor the City and 
County of Philadelphia to receive into his Custody the antient 
Books and Records of the Corporation of Germantown." 

13. " An Act for the relief of James Green, Benjamin Davia, 
and Paul Rifiet, languishing Prisoners in the Goal of Philadelphia, 
with respect to the Imprisonment of their Persons." 

14. " An Act for ascertaining the security to be given by the 
Provincial Treasurer for the Time being, for the faithful perform- 
ance of his Tiust." 

15. " An Act to prevent Persons from settling on Lands within 
the Boundaries of this Province, not purchased of the Indians." 

10. " An Act to dissolve the Marriage of Curtis Grubb, of the 
county of Lancaster, Iron Master, with Ann his Wife, (late Ana 
Few), and to enable him to marry again." 

The Speaker then, in behalf of the House, delivered to the 
Governor a Certificate for £500 towards his Support for the pre- 
sent Year, for which his Honour thanked them. 



PROVINCIAL COUNCIL. 581 



At a Council held at Philadelphia on Thursday the 4th May, 
1769. 

PRESENT : 

The Honourahle JOHN PENN, Esquire, Lieutenant Grovernor, 

Richard Peters, } -r, 

T rn-i u r Esquires. 

James lilgnmaa, 3 * 

The Governor laid before the Board a Letter he received by 
Express from John Vining, Esquire, dated the 30th Ultimo, ac- 
quainting him of a vacancy in the Supreme Court Commission, 
and the Court of Oyer and Terminer and General Goal Delivery 
for the Government of the Lower Counties, occasioned by the Deaths 
of Jacob Vanbebber and John Clowes, Esquires, late two 
of the Justices of the said Courts, and of the Necessity of 
speedily appointing some fit psrson to the Office of one of the 
Judges of Oyer and Terminer, in Order to attend the said Court at 
Dover, the 8th Instant, and Mr. Vining having recomrhended Csesar 
Rodney, Esquire, and several other Gentlemen, as fit Persons to fill 
the «aid office. His Honour, with the Advice of the Board, was 
pleased to issue two Commissions, appointing Richard McWilliam, 
Esquire, to the Office of second Judge, and Csesar Rodney, Esquire, 
to the Office of third Judge of the Supreme Court, and one other 
commission appointing John Vining, Richard McWilliam, and Cae- 
sar Rodney, Esquires, to the Office of Judges of the Court of Oyer 
and Terminer. 

His Honour deferred the appointing a fourth Judge till he meets 
the Assembly at New Castle, at their nest Session in June. 



At a Couscil held at Philadelphia, on Monday May the 15th, 
17t)9. 

present: 

The Honourable JOHN PENN, Estjuire, Lieutenant Governor, 

Ac' 

Richard Peters, Benjamin Chew, ? t^ 

T rr,-i L ' ?■ Esquires. 

James 1 ilghman, 3 

The Governor laid before the Board a Letter he lately received 
from His Excellency Major General Gage, dated the 2-!:th of March 
last, which was read, and is as follows, viz'- : 

A Letter to the Governor from his Excellency Major General Gage. 

''New York, March 24th^l769. 
"• Sir : 

'■'■ His Majesty having thought proper to take the Management 
of the Trade with the Indian Nations out of the Hands of His 



582 MINUTES OF THE 

Superintendants of ladian Affairs, and to leave the Management 
thereof to the PrDvinces concerned in said Trade, Sir William John- 
son finds himself under the Necessity of discharging immediately 
the Commissaries, Interpreters, and Smiths appointed by him in 
the Posts and Forts in the interior Country. 

" I take the Liberty to acquaint you of this Event, and hope you 
will be able, without Delay, to appoint Officers to succeed those dis- 
missed by Sir William Johnson, that the Trade may not suffer 
through the Want of proper Persons to superintend it. Sir Wil- 
liam Johnson can give the best Advice concerning the Instructions 
that should be given to said Officers, as well as concerning the 
Laws and Regulations necessary to be made for the better carrying, 
on the Trade. I am only to desire to be informed when you shall 
have settled those Points, in what Shape I can be of use, that I 
may send Orders accordingly to the Commanders of the several 
Posts and Forts in the Indian Country to co-operate with your 
Officers, and give them Assistance in the Execution of their In- 
structions, whenever their Aid shall be required. 

" If the Provinces will appoint Officers to superintend the Trade 
in such parts of the Indian Country where they appear from their 
Situations to enjoy the chief Benefit of the Trade, Pennsylvania will 
appoint at Fort Pitt and the Illinois, New York at Niagara and the 
Detroit, and Quebec at Misilimakanak ; though the Province of 
Quebec would have only one Post to Superintend, yet the very 
great Concourse of Indians every Year at Misilimakanak, will mako 
it much more expensive than any of the rest. 

" I have the Honour to be with great Regard, Sir, 

" Your most Obedient humble Servant, 

"THOxMASGAGK." 

The Matter contained in the above mentioned Letter being duly 
considered, the Board were of Opinion that the same should be re- 
commended to the Assembly by a Message, and the Letter laid 
before the House. A Message was accordingly drawn and approved, 
and ordered to be carried with the Letter to the House to Morrow 
The said Message is as follows, viz'- : 

A Message from the Governor to the Assemhli/. 

" Gentlemen : 

"You will perceive by a Letter I have received from General 
Gage, which I have ordered the Secretary to lay before you, that 
Sir William Johnson, in Obedience to His Majesty's Commands, is 
under a Necessity of discharging the Commissaries, Interpreters, 
and Smiths, appointed by him at the Posts in the Interior Country, 
where the Indian Trade is carried on, and that the General expects 
I shall be able, without Delay, to appoint Officers to succeed those 
at Fort Pitt and the Illinois. This, Gentlemen, cannot be done until 



PROVINCIAL COUNCIL. 588 

Provision is made for adequate Salaries for those Ofl&cers ; And as 
the Regulation of the Indian Trade is a Matter of public Concern, I 
doubt not but you will make the necessary Provisions for enabling 
me to answer the above Requisition. 

''JOHN PENN. 
'< May the 16th, 1769." 

Mr. Adam Hoops, of Bucks County, having been recommended 
as a proper Person to execute the Office of a iMagistrate, The Gov- 
•ernor, by the Advice of the Council, directed that a Commission be 
forthwith made out, appointing him a Justice of the Court of Quar- 
ter Sessions of the Peace and of the County Court of Common Pleas 
for the said County of Bucks. 



■ At a Council held at Philadelphia on Tuesday the 16th of May, 
1769. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Grovornor, 

Benjamin Chew, 7 t^ ■ 
James iilghman, ^ ^ 

The Governor laid before the Board the following Letter which 
lie received by Express from Charles Stewart, Esquire, dated the 
12th Instant. 

*i Letter to the Governor from Charles Stewart, Esquire, 

" Sir : 

"This Afternoon about three o'CIock, one hundred and forty-six 
New England Men, and others, chiefly on Horseback, passed by our 
Houses, and are now encamped on the East Side of the River. 
Among them is Benj°- Shoemaker and John McDowell, with several 
of their Neighbours. I spoke to McDowell, who informs me that 
at least as many more are on their Way, and will be here to-Mor- 
row. And I have other intelligence that they will in a few days 
be five hundred strong. If this be true. We can only Act defen- 
sively until reinforced. At present we are but Twenty-four Men. 

" On my way up the River from Shamokin, on Wednesday Even- 
ing last, I was hailed by a Man at the Mouth of Fishing Creek, 
named James McClure, who told me He and four others, then at a 
Fire hard by, was an advanced Party of one hundred, going to join 
the New England Men, and that they would chiefly be from Lan- 
caster County ; that he would be at Wyoming as soon as Us, but 
lie is not yet come. 



584 MINUTES OF THE 

From the View I had of those Gentry in their procession by our 
Houses, they appear to be at least an equal number of them of the 
very lowest Class, but are almost all armed and fit for Mischief. 

" I am of Opinion, unless a Party of His Majesty's E'orces are 
sent up to remove them, it will be difficult for the Sheriff to raise 
men enough in Northampton County to effect it, and every Day 
will add to their Strength, and give them more Spirits to persevere 
in Mischief. 

On conversing with Captain Hunter, Doctor Plunket, and others, 
at Shamokin, they declared their willingness to come here if wanted, 
and bring a Party to assist us. Your Honour will consider whether 
this will be of Service. I think it would as least put a stop to the 
People coming from Jjancaster County, &;c*', to join the Yankys^ 
and prevent their getting to the West Kranch, which is their de- 
sign as soon as they can establish a Possession here. 

*' I have enclosed a List of the Names of as many of them as 1 
could possibly collect in so short a Time, those that are marked 
thus X are of the former Party. I shall be glad of Your Honour's 
speedy Instructions, and hope to be able to hold out until reinforced. 
I have wrote Messieurs Jennings and Gordon how we are circum- 
stanced, but fancy Mr. Gordon is abroad at present, as he intended 
a Journey about this Time. 

"I am Your Honour's most obedient, 

" humble Servant, 

''CHARLES STEWART, 
" The Honourable John Penn, Esquire. 

''Manor of Stoke, Friday May 12th, 1769." 

The names following are those referred to in the above Letter : 

Benj°- Shoemaker, Comstack, x 

John McDowell, Sam'- Clark, 

Sam ■ VVeyburn, John Gardner, 

John Lee, John Delong, 

Stephen Lee, John Smith, Esq^- & hia 

Joseph Lee, Two Sons, — Smith & 

Daniel Hains, Smith, 

John McDowell, Jun'-, Joseph Moss, 

Benj"' Shoemaker, Jun"', Azariah Dean^ 

Ashur Harrod, John Wheet, 

William Leonard^ John Wharburt^ 

John Leonard, Jacob Welch, 

Elijah" Halloway, Jabez Cook, 

Thomas Rennet, x Ebenezer Nuttrip, 

Sam'- Marvin, Chambers, 

Marvin, Gore, 

Rhuben Halburt, Badcock, 

Benj"- FoUet, x Wright. 

The foregoing Letter being duly considered, the Governor, with 
the advice of the Board; thought proper to issue a Proclamation, 



PROVINCIAL COUNCIL. 585 

forbidding all Persons whatsoever seating themselves on any Lands 
within this Province without the Express Peruaission of the Pro- 
prietaries of this Government, and commanding all those who have 
illegally taken possession of any Lands, and without permission as 
aforesaid, immediately to evacuate their Settlements without Delay. 
A Letter was also drawn up at the Board, read and appi'oved, 
which was ordered to be Transcribed and sent to John Jennings, 
Esquire, Sheriff of Northampton County, with a Copy of the 
Proclamation (under the Great Seal), by the return of the Ex- 
press. Another Letter was also drawn up at the same Time, 
which, being read and approved, was ordered to be copied and 
sent to Charles Stewart, Esquire, by the same Conveyance ; and a 
third Letter was prepared and dispatched by another Express to 
Colonel Francis, at the Forks of the Susquehanna. The said Letters 
and Proclamation follow in these Words, Viz*- : 

A Letter from the Governor to John Jennings, Esquire. 

" Philadelphia, May 16th, 1769. 
" Sir : 

"I suppose Mr. Stewart has wrote you the bad State of our 
Affairs at Wyoming. You will receive herewith a Proclamation, 
with which I desire you will immediately proceed to Wyoming, 
with a few reputable people to accompany you, and there publish 
it to the Connecticut People, in a peaceable and quiet manner. 
If they should carry the Matter so far as to attempt removing our 
People by Force, their numbers, I am afraid, are too great to 
resist, and that they will be obliged to give way for the present, 
rather than run the hazard of shedding Blood without a proba- 
bility of Success. I desire you will reduce all you know of the 
proceedings in the Affair from tho begining to an affidavit, in draw- 
ing up which, I desire Mr. Stewart may assist, and you may 
make it before him. This will be necessary to send to England 
in order to institute a proceeding there against these rash in- 
truders, and to lay before General Gage. I would have you and 
Mr. Stewart endeavour to penetrate as far as you can into their 
designs, how far they pretend a llight to the Southward, and 
what their Intentions are as to the West Branch, and that you 
will get as many of their Names as you can, especially of the 
Leaders, or most active amongst them. 
'' I am, Avith Ilegard, 

''Your very humble Servant, 

"JOHN PENN. 

•<To John Jennings, Esquire, Sheriff of Northampton 
County." 



586 MINUTES OF THE 

A Letter from the Governor to Charles Stewart, Esquire. 

"Philadelphia, May the 16th, 1769. 

"Sir: 

" I received yours of the 12th Instant by Express, and am sorry 
to hear those rash and inconsiderate people of New England still 
persist in their design of settling on the Susquehanna, and that 
their Numbers are such as nothing less than a Military Force can re- 
move ; As to any attempts to remove them immediately by Civil 
Authority, it seems impracticable, and I would not have you at- 
tempt it. The most you can do for the present is to keep your 
Possessions as well as you can. I have wrote to the Sheriff of 
Northampton to proceed to Wyoming, and there publish a Procla- 
mation, and give any assistance he can in keeping our possessions. 
I have also wrote to Colonel Francis, and the Officers on the Sus- 
quehanna, to give you their Aid, if necessary, to secure your Settle- 
ments, and to be ready at Shamokin, or thereabouts, in order to 
receive any intelligence you may give them. If you think there 
is any probability that they can be of any Service, You will write 
to them on the Occasion. 

" At the same Time that I approve of your intentions of holding 
your Possessions, by all lawful and prudent Measures, I would not 
have you attempt impossibilities, or expose your persons in resisting 
even a lawless Superior Force, who may be mad and wicked enough 
to remove you at all events. This is all which at present appears 
necessary to say to you, but I shall apply to the Proprietaries for 
Orders from home, and to G-eneral Gage, for any assistance it is in 
his power to give us, and shall inform you what further steps I 
shall take with these people, as soon as I shall resolve upon them. 
" I am, with regard, 

" Your very humble Servant, 

" JOHN PENN. 
" To Charles Stewart, Esquire. 

•' P S. Pray assist Mr. Jennings in drawing the affidavit I have 
instructed him to make.'' 



A Letter from the Governor to Colonel Francis. 

" Philadelphia, May 26th, 1769. 

" Sir : 

"By Express from Wyoming, dated the 12th Instant, I have an 
account that 146 New-Englanders had that afternoon passed by the 
Settlement there, and encamped on the East Side the River, a little 
below, that as many more were expected there the next Day, and 
that it was thought they would soon be five hundred strong. The 



PKOVINCIAL COUNCIL. 587 

account further informs that they expected to be joined by an hun- 
dred people, from the lower parts of the Susquehanna, chiefly from 
Lancaster, and that they were meditating a Settlement on the West 
Branch I doubt not, but your own Interest, as well as that of the 
Proprietaries, will excite you and your Corps to give any assistance 
in your Power to our People at Wyoming, as well as to prevent, if 
possible, any of our People from joining them. 

*' I would have you explain in the best manner you can, the folly 
as well as injustice of the proceeding, which, however it may suc- 
ceed for a little Time, must at last be submitted to the laws of the 
Country, which will sooner or later be enforced, either by Civil or 
Military authority. Besides, it seems scandalous in the People of 
the Country who have long experienced the indulgance of the 
Proprietaries, to join a parcel of Robbers, who are come to seize 
upon their Lands by violence. 

'' The Numbers of the Rioters are such, that it is in vain to think 
of removing tliem at present, for anything I can see. A force ne- 
cessary for this purpose, would be too great an Expense to the pro- 
prietaries, if it could be raised. All that can at present be done is 
to attempt keeping the possessions we have got. In this respect, 
you and your Associates, with such as you may influence to accom- 
pany you, may be of service, and I have wrote to Mr. Stewart, 
that if there is any probability of retaining the possessions by the 
Assistance of the ofScers and their People, who will be at or 
about Sharaokin, to write to thom on the Occasion ; and this he 
will the more readily do, as when lately at Shamokin, Captains 
Hunter, Plunket, and others, promised him to give any assistance 
in their power when called upon. What I write to you in General 
is to the other ofiicers also. If your Health is such as that you 
can safely venture a Journey, I should be glad you could go your- 
self to Wyoming, if it appears expedient when you are at Shamo- 
kin, from which place you may write to Mr. Stewart to know if 
you can possibly be of any service to him. 

" Whatever services you or your Associates can render the Go- 
vernment on this occasion, will be properly considered by the Pro- 
prietaries, as well as by, 

" Sir, 

" Your most Obedient, 

''humble Servant, 

"JOHN PENN. 

" Colonel TuRBUTT Francis." 



588 MINUTES OF THE 

Here follows the Proclamation : 

"5y the Honourable J OHN FENN, Esquire, Lieufenant Gov- 
ernor and Commander-in- Chief of the Provinceof Pennsylvania, 
and Counties of Newcastle, Kent, and Sussex, ujwn Delaware : 

''A PROCLAMATION. 

" Whereas, a Number of persons, chiefly belonging to the 
Colony of Connecticut, have lately, as well as at different Times 
heretofore, without any Licence or Grant from the Honourable the 
Proprietaries of this Province, or Authority from this Government, 
made attempts to possess themselves of and settle upon a large 
Tract of Land within the Limits of this Province, lying at and be- 
tween Wyoming, on the River Susquehanna, and Cushietunk, on 
the River Delaware; and by the intelligence I have this Day re- 
ceived, a large Number of the Inhabitants of the said Colony, in 
defiance of all Law and Justice, are, at this Time, with Force and 
Arms, actually possessing themselves of and seating the Lands at 
and near Wyoming, and other parts of the North Eayt Branch of 
Susquehanna, which have lately been purchased of the Indians by 
the Proprietaries of this Province ; ,^nd Whereas, divers people 
belonging to the said Colony, have also, at different Times, en- 
deavoured to persuade and inveigle many of the Inhabitants of this 
and the Neighbouring Provinces, to confederate and join with them 
in such their illegal Designs, and to assist in settling and holding 
the sail Lands by a strong Hand : Wherefore, as well to assert the 
just Rights of the Proprietaries of this Province to the said Lands, 
as to warn and prevent any of the Inhabitants of this Government 
from being unwarily drawn in to join the said Intruders in prose- 
cuting their illegal settlements, I have judged it proper, by and 
with the Advice of the Council, to issue this Proclamation, hereby 
strictly enjoining and requiring, in His Majesty's Name, all and 
every Person and Persons already settled or residing on the said 
Lands, without the Licence of the Proprietaries or Authority from 
this Government, immediately to evacuate their Settlements, and to 
depart and remove themselves off and from the said Lands without 
Delay ; And I do hereby forbid all His Majesty's Subjects of this 
or any other Province or Colony, on any pretence whatsoever, to 
intrude upon, settle, or possess any of the aforesaid Lands, 
or any other Lands within the Limits of this Province, 
without the express permission of the Proprietaries or this 
Government, as they will answer the Contrary at their Peril, 
and on Pain of being Prosecuted with the utmost Rigour of the 
Law. And I do hereby also strictly charge, enjoin, and require all 
Magistrates, Sheriffs, and other Officers, as well as all other His Ma- 
jesty's liege Subjects within this Province, to exert themselves and 



PROVINCIAL COUNCIL. 589 

use their utmost Endeavours to Prosecute and bring to Justice all 
OfTenders in the Premises. 

" Given under my Hand and the Great Seal of the said Province, 
at Philadelphia, the sixteenth Day of May, in the ninth Year 
of His Majesty's Reign, and in the Year ot Our Lord One Thou- 
sand seven hundred and sixty-nine. 

"JOHN PENN." 
" By His Honour's Command. 

" Joseph Shippen, Junior, Secretary. 

"GOD SAVE THE KING." 



At a Council held at Philadelphia, on Friday the 19th of May, 
1769. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gov- 
nor, &c^- 

William Logan, Benjamin Chew, ] Esquires 

Richard Peters, James Tilghman, j ^ 

Two Members, of Assembly waited on the Governor and pre- 
sented him for Concurrence a Bill entituled " An Act for striking 
' the Sum of one hundred and twenty thousand Pounds in Bills of 
Credit, to be emitted on Loan, and providing a Circulating Medium 
of Commerce and Industry within this Province/ " which was read 
and referred to further Consideration. 



At a Council held at Philadelphia, on Monday the 22d of May, 
1769. 

present: 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

The Board resumed the Consideration of the Bill for striking the 
Sum of £120,000 in Bills of Credit, to be emitted on Loan, and the 
following Amendments were made to it, and ordered to be carried 
to the House with the Bill: 

" Page 1. Dele the Words [and Twenty] in the Title of the Bill 

" Page 4, Line 1. Dele the Words [and Twenty]. 

" Same Page, Lines 5 & 6. Dele the Names [Rowland Evans, 
Joseph Watson, Isaac Pearson, and Jacob Carpenter], and in their 
stead insert the Names of [Amos Strettell, Mahlon Kirkbride, Jo- 
seph Gibbons, and James Wright]. 

"■ Page 5, Lines 4, 5, G, 7. Dele the Words [This Bill shall be 
accepted by the Trustees of the General Loan Office in all Debts and 



590 MINUTES OF THE 

Demands due to the Province for the Sura of ], and instead 

thereof insert as follows, Viz"-: [This Indented Bill of , 

when paid to the Trustees of the General Loan Office, shall be a dis- 
charge on any Mortgage made to the said Trustees of the like sum 
of ]. 

" Same Page, Line 12. — Dele the words [first Day of August] 
and insert the Words [tenth Day of October]." 

" Page 6, Line 7. — Instead of the Word [eleven] insert [sev- 
en]." 

" Page 12. — Dele from the Word [Trustees] in the sixth Line, 
to the Word [in] in Line 10, and instead thereof insert as follows, 
Viz'-: [hereinbefore appointed, or hereafter to be appointed, during 
the Continuance of this act, another fit person or persons shall be 
Nominated and appointed by the Governor and Assembly of this 
Province, and not otherwise]." 

'' Page 14, Line 10. — Instead of the Word [six] insert the Word 
[eight]." 

" Page 16, Line 1.— Dele the Words [and Twenty]." 

" Same page, Line 5. Instead of the Words [first Day of August], 
insert the Words [tenth Day of October]." 

" Page 17, Line 4. After the Word [well, add the Word [as]." 

" Page 18, Line 12. Instead of the Words [first Day of August], 
insert the Words [tenth Day of October]." 

"Page 19, Line 1. Dele the Words [and Twenty]." 

"Same page, Line 6. Instead of the Word [Eighty], insert the 
Word [Sixty]." 

" Page 20, Line 4. Instead of the Words [first Day of A-ugust], 
insert the Words [tenth Day of October]." 

" Page 22, Lines 6 and 7. Instead of the Words [first Day of 
August], insert the Words [tenth Day of October]." 

" Same page, penult and last Lines. Instead of the Words [first 
Day of August], insert the words [tenth Day of October]." 

" Page 23. Line 7. Dele the Words [and Twenty]." 

"Page 29, Line 11. Dele the first Word [to]." 

" Page 31, Line 11. After the Word [the], insert the Words 
[Governor and]." 

" Page 32, Line 8. Instead of [remitting], say [re-emitting.]" 

" Same page. Lines 4 and 5. Instead of the Words [first Day of 
August], insert the Words [tenth Day of October]." 

" Page 33, Line 10. After the Word [the], insert the Words 
[Governor and]." 

" Same page, Line 11. After the Word [appoint], insert the 
Words [and not otherwise]." 

" Page 34, Line 4. Instead of the Words [first Day of August], 
insert the Words [tenth Day of October]." 

" Page 38, Lines 8, 9. After the Word [Practice], insert the 
following Clause, Viz'- : [Provided nevertheless, and it is hereby 
declared, that nothing in this Act contained shall extend or be con- 



PROVINCIAL COUNCIL. 591 

etrued to make the Bills of Credit hereby directed to be emitted, 
a legal Tender in Payment of any Bargains, Contracts, Debts, Dues, 
or Demands whatsoever]." 

'' Same Page, Antepenult Line. Dele the Words [made current], 
and insert the Words [directed to be emitted]." 



May 23rd, 1769. 

Eight Members of Assembly waited on the Governor, and 
acquainted him that Mr. Galloway, their Speaker, was at present 
so much indisposed as that he could not give his Attendance on the 
public Business, and that, therefore, the House had proceeded to 
the choice of another Speaker, and requested to know when the 
Members should wait on the Governor to present him. His 
Honour made Answer that he should be ready for that purpose at 
11 o'clock to-morrow Morning, in the Council Chamber. 



Council Chamber, Tuesday, 11 o'Clock, A. M., 23rd of May. 

The Governor sent a Message by the Secretary to the Assembly, 
acquainting them that he attended his appointment in the Council 
Chamber, and was ready to receive the House with their Speaker. 
The whole House immediately waited on the Governor, and pre- 
sented Joseph Fox, Esquire, of whom His Honour was pleased 
to approve. 

The Speaker then, addressing himself to the Governor, said, as 
his predecessor had already claimed the usual priviledges in behalf 
of the present Assembly, it was unnecessary for him to renew 
that Claim, but that with regard to himself, as Speaker, he re- 
quested that his own unwilling Mistakes might not be imputed 
to the House, in which the Governor acquiesced. 



Wednesday the 24th of May, 1769. 

Two Members of Assembly again presented the Bill for striking 
the Sum of one hundred and twenty thousand pounds in Bills of 
Credit, to be emitted on Loan, &c'-' with an Answer to the Gover- 
nor's Amendments to the same, which is as follows. Viz' : 

"Amend' 1. The House adhere to the Bill." 

"2. The House adhere to the Bill." 

"3. The House agree to expunge the Names [Rowland Evans, 
Joseph Watson, Isaac Pearson, & Jacob Carpenter] and propose to 



592 MINUTES OF THE 

insert the following, Viz*- : John Roberts, (Miller), Thomas Wataon, 
James Gibbons, and "William Henry, of Lancaster." 

*' 4. Agreed to by the House." 

"5, 6, 7, 8, 9, & 10. The House adhere to the Bill." 

"11. Agreed to by the House." 

"12, 13, 14, 15, 16, 17, 18. The House adhere to the Bill." 

" 19. Agreed to by the House." 

"20. The House adhere to the Bill." 

"21. Agreed to by the House." 

"22, 23, 24, 25, 26. The House adhere to the Bill." 

"27. Agreed to by the House." 
" May 24th, 1769." 



At a Council held at Philadelphia on Thursday 25th May, 1769 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

Richard Peters, Benjamin Chew, \ -p 

Lynford Lardner, James Tilghman, j " 

The Governor laid before the Board a written Message, sent up 
yesterday by the House of Assembly, which follows in these Words, 
Viz'-: 

»5 Message to the Governor from the Assemhiy. 

"May it Please your Honour: 

"We have considered your Message of the sixteenth Instant, and 
the Letter from His Excellency General Gage therewith, laid before 
Us, and are cheerfully disposed to give the utmost Attention to 
maintaining and preserving the Peace and Friendship now happily 
re-established with the Indians, and where our Laws for regulating 
the Trade with -them appear to be deficient, to alter and amend 
them ; but as our attempting to extend the Laws of this Province 
beyond the Limits thereof, would be vain and ineffectual to regulate 
and restrain the Traders from the adjacent Colonies, We conceive 
it is not in our Power to apply a Remedy adequate to the Occasion. 

" When Sir William Johnson communicates to your Honour, as 
intimated by General Gage, his Sentiments and advice concerning 
this Business, and points out the Insufficiency of the Laws of this 
Province now in Force for the Purpose, We shall be better enabled 
to join with your Honour in the further Consideration thereof. 
" Signed by order of the House. 

"JOSEPH FOX, Speaker. 

"May 24th, 1769." 



PROVINCIAL COUNCIL. 593 

Then the Board took into Consideration the Assembly's answer 
to the Governor's amendments to the Bill for striking £120,000 to 
be emitted on Loan, and the following Reply being drawn up and 
agreed to, the Secretary was directed to carry the same to the House 
with the Bill. 

Reply to the Assembly's answer to the Governor's araendmente 
to the Bill entituled An Act for striking the sum of £120,000 in 
Bills of Credit, &c^ 

" Amend'- 1. The Governor adheres to his amendment." 
"2. The Governor adheres to his amendment." 
*' 3. Though the Governor conceives that it is unparliamentary 
for the House in their answer to this amendment, to propose other 
persons as Trustees than those mentioned iu the Bill and the amend- 
ment, yet he will on this occasion wave Forms and agree with the 
House to insert the Names of Thomas "Watson, of Bucks County, 
and William Heni-y, of Lancaster, instead of Mahlon Kirkbride, 
and James Wright, but adheres to the other part of his third amend- 
ment." 

" 5. The Governor waves his amendment." 
" 6. 7. The Governor adheres to his amendments." 
" 8. The Governor waves his amendment." "'j; 

"9. The Governor adheres to his amendment." 
" 10, 12. The Governor waves his amendment." 
"13, 14. The Governor adheres to his amendments." 
"15, 16, 17. The Governor waves his amendments." 
" 18, 20. The Governor adheres to his amendments." 
"22. The Governor waves his amendment." 
"23, 24. The Governor adheres to his amendments." 
" 25. The Governor waves his amendment." 
" 26. The Governor adheres to his amendment." 
"May 25th, 1769." 

The Governor then laid before the Board the three following Bills 
sent up by the Assembly for his Concurrence, viz"-: 

1. " Au Act for explaining and amending an Act entituled 'An 
Act for granting the sum of £60,000 to the King's use, and for 
striking .£55,000 thereof in Bills of Credit, and to provide a Fund 
for sinking the same.' " 

2. " An Act to continue An Act entituled 'An Act for appointing 
Wardens for the Port of Philadelphia, and for the regulating Pilots 
plying in the River and Bay of Delaware, and price of Pilotage to 
and from the said Port;' " and 

3. " An Act to continue An Act entituled ' An Act to amend An 
Act entituled 'An Act for the better Employment, Relief and sup- 
port of the poor within the City of Philadelphia, the District of 
Southwark, the Townships of Moyamensing and Passyunk and the 
Northern Liberties.' " 

VOL. IX. — 38. 



594 MINUTES OF THE 

Which Bills being duly considered, the two last were approved 
and ordered to be returned to the Assembly with the Governor'a 
assent, and the following amendments were made to the first men- 
tioned Bill and ordered to be carried with the Bill to the House. 

Amendments to the Bill entituled " An Act for explaining and 
amending An Act entituled ' An Act for granting the Sum of Sixty 
Thousand Pounds to the King's Use, &c*' ' " 

" Page 4, Line 3. After the word [that] insert the words (^as to]." 
"Same page, Line 6. Dele the words [d.U(\ the owners thereof] 
and in their stead insert the words [the owners whereof]." 
" Same page. Line 8. Dele the first or second word [the]." 
"Page 7, Line 4. Dele the Words [to all intents and purposes 
whatsoever] and insert the Words [against the Persons only, for 
whose Delinquencies such Sales have been made, their Heirs and 
Assigns, and all claiming under them]." 



At a Council held at Philadelphia on Friday the 26th of May, 
1769. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c'- 

Richard Peters, Benjamin Chew, > ^jg^^j^gg 

James Tilghman, 5 

The House having last Night again sent up by two Members thtj 
Bill for striking £120,000, to be emitted on Loan, with a verbal 
Message, and several Alterations of the Bill, instead of some of 
the Amendments proposed by the Governor, His Honour laid them 
before the Board, and they are as follow. Viz'- : 

j5 Verbal Message to the Governor from the Assembly. 

" The House, desirous to agree with the Governor on a Bill of 
80 much Importance to their Constituents as that entituled " An 
Act for striking the Sum of £120,000 in Bills of Credit, to be 
emiited on Loan,'&c*' have reconsidered the same, with his amend- 
ments thereto, and now beg leave to offer to his Consideration such 
Corrections and Alterations of the said Bill as are herewith aent up, 
instead of some of his proposed Amendments. 

" May 25th, 1769. 

An Answer to the Governor's Reply to the Assembly's Answer 
to his Amendments to the Bill entituled " An Act for striking the 
Sum of one hundred and twenty Thousand Pounds in Bills of Ore 
dit, to be emitted on Loan," &c*' 



PROVINCIAL COUNCIL. 595 

"Amend'- 

1. " Agreed to by the House, on the Condition expressed in their 
Answer to the 14th Amendment." 

2. " Agreed to by the House." 

3. " The House agree to insert the Name of John Evans, of 
North Wales, in the Room of John Roberts, and in respect to the 
other Trustees, adhere to their last Choice." 

6. '^Agreed to by the House." 

7. " The House adhere to the Bill." 
9. " Agreed to by the House " 

13. *' Agreed to by the House." 

14. " Agreed to by the House, provided the Governor consents 
to divide the whole Sum among the several Counties, in the Propor- 
tions following, viz. : 

" £71,700 to the Inhabitants of the City and County of Phila- 
delphia, and the Counties of Bucks, Chester and Lancaster. 
<' £6,650 to the Inhabitants of the County of York. 
"£7,500 to the Inhabitants of the County of Cumberland. 
" £7,500 to the Inhabitants of the County of Berks, and 
'' £6,650 to the Inhabitants of the County of Northampton. 
" 18th. Agreed to by the House. 
*' 20th The House adhere to the Bill. 
"23, 24. The House adhere to the Bill. 
'' 26, The House adhere to the Bill. 
" iVIay 25th, 1769." 

The Council took the above Message and Answer from the As- 
sembly into Consideration, and observing that they still insisted on 
the sole Nomination of the Trustees of the Loan Office, and Dispo- 
sition of the Interest Money, were of Opinion that the Governor 
ought to maintain his Right to a Share at least of the Exercise of 
those Powers, as being the undoubted prerogatives of the Crown, 
and therefore advised the Governor to return the Bill to the House, 
with a Message signifying his Reasons for refusing his assent 
thereto. 

The following Message was accordingly drawn up and approved, 
ind sent to the House with the Bill. 

A Message from the Governor to the Assembly. 

■' Gentlemen : 

"I find by your verbal Message of Yesterday sent up to me, with 
your Answer to my reply, respecting the Bill entituled " An Aot 
for striking the Sum of £120,000 in Bills of Credit, to be emitted 
on Loan," &c*' that the only material Points in which we disagree 
are the Disposition of the Interest Money, and the appointment of 
the Trustees of the General Loan Office. All I contend for is, that 
the Governor, who is the King's Representative here, shall have a 



596 MINUTES OF THE 

share with the Representatives of the People in the Exercise of botiz 
these Powers. But You insist on reserving to yourselves the sole 
and exclusive Right of nominating all the Trustees, and of apply- 
ing the whole Interest Money. I offer to divide with you those 
Rights, which, by the English Constitution, are allowed to be the 
undoubted Prerogatives of the Crown ; but you are not to be satis- 
fied without assuming the whole. To save Time, Gentlemen, I 
must tell you in a few Words, that your Claims appear to me so un- 
reasonable that I cannot accede to them. At the same Time I can- 
not help expressing my Concern, that a Bill which you agree to be 
of so much Importance to the Country, should miscarry by your in- 
sisting that the Assembly should be invested with Powers which I 
cannot allow consistent with my Duty to the Crown. 

''JOHN PENN." 
. " May 26th, 1769." 

The Governor laid before the Board a Bill entituled " An Act 
to enable John Cottringer and Joseph Cauffraan to hold Lands in 
this Province," which was sent to him by the Assembly for his 
Concurrence, during their sitting in February last, and retained un- 
der his Consideration. 

The Board having considered that the Persons mentioned in the 
Bill are Roman Catholicks, and being of Opinion that any Act for 
Naturalizing such Persons so as to enable them to hold Lands, 
would be repugnant to an Act of Parliament passed in the 

entituled " An Act ," advised the 

Governor to refuse his Assent to tlie said Bill, and the Secretary 
was directed to carry it back to the Assembly, with a Message that 
he cannot agree to it. 

The Governor laid before the Board a Transcript of a Record of 
the Conviction of John Thompson, for burglary, by which it ap- 
peared that at a Court of Oyer and Terminer and General Goal 
Delivery, held at Philadelphia for the County of Phila'^elphia, on 
the tenth Day of April last, before William Allen, John Lawrence, 
and Thomas Willing, Esquires, Justices of the Supreme Court of 
Pennsylvania, and of the said Court of Oyer and Terminer, the 
said John Thompson was tried and Convicted of Felony and Bur- 
glary, committed in the dwelling House of James Black, in the 
County of Philadelphia, on the first of January last, and hath re- 
ceived Sentence of Death for the same. 

The said Record, with a Petition of the Jury of the said Court 
in favour of the Criminal, being duly considered. The Governor, 
by the advice of the Board, was pleased to grant a Pardon to the 
said John Thompson, and directed the Secretary to make out the 
game accordingly. 



PROVINCIAL COUNCIL. 597 

Council Chamber, Saturday 11 o'Clock, A. M., May 27th, 1769. 

The Governor having received a Message from the Assembly re- 
questing him to acquaint the House when he would be ready to 
pass the Bills which he had agreed to, and having appointed this 
Hour for that Purpose, sent a Message to the House by the Secre- 
tary, requiring their attendance in the Council Chamber, that He 
might enact into Laws such Bills as had received his Assent. 

The whole House accordingly attended, and the Speaker presented 
to the Governor the three following Bills, which he was pleased to 
enact into Laws. His Honour then signed a Warrant for affixing 
the Great Seal thereto, and appointed the Secretary to accompany 
two Members of the House to see them Sealed and deposited in the 
Rolls Office, Viz'-: 

'' An Act for explaining and amending an Act entituled ' An Act for 
graning the Sum of £60,000 to the King's Use, and for striking 
£55,000 thereof in Bills of Credit, and to provide a Fund for sink- 
ing the same.' " 

"' An Act to continue An Act, entitled An Act for appointing 
Wardens for the Port of Philadelphia, and for the regulating Pilots 
plying in the River and Bay of Delaware, and price of Pilotage to 
and from the said Port." 

''An Act to continue An Act, entituled. An Act, to amend An Act 
entituled An Act for the better employment Relief and support of the 
Poor within the City of Philadelphia, the District of Southwark, 
the townships of Moyamensing and Passayunk and the Northern 
Liberties." 

The Speaker then acquainted the Governor that the House pro- 
posed to adjourn to the 18th of September next, if His Honour had 
uo objection thereto; to which His Honour said that He had none, 
.and then the House withdrew. 



At New Castle, Monday the 5th of June, 1769. 

Three Members of Assembly waited on the Governor, and ac- 
quainted him that the House had met pursuant to adjournment, 
but before they proceeded to other Business, they would chuse to 
take into consideration such Matters as the Governor might have 
to recommend to them ; and therefore, they requested to know if 
His Honour had any business to lay before them, to which the Go- 
vernor replied that he had something to recommend to the Conside- 
ration of the House, which He should do immediately by a Mes- 
sage. 

The following Message was accordingly delivered to the House 
iby the Secretary, viz'-.: 



598 MINUTES OF THE 

A Message fi'om the Governor to the Assembly. 

"Gentlemen, 

" I am to inform you that in February, 1768, I passed a Law 
presented to me by the Assembly of Pennsylvania ' for regulating 
the Fishery in the River Brandywine,' which, however, will not be 
of any Force or Validity, nor answer the good purposes intended 
by it, until an Act of a similar kind be passed by the Legislature 
of this Government. I therefore recommend it to you, to frame 
such a Bill as will effectually remedy the same Mischiffs and In- 
conveniences which are intended to be remedied by that Law; for 
which Purpose I have directed the Secretary to lay a Copy of it 
before you. 

''JOHN PENN. 

" New Castle, the 5th of June, 1769." 



Eodem die, P. M. 

Three Members of Assembly waited on the Governor, and pre- 
sented him the following Address from the House, viz'- : 

An Address to His Honour the Governor. 

*' May it please your Honour : 

' ^* We the Representatives of the Freemen of the Government of 
the Counties of New-Castle, Kent and Susses, upon Delaware, in 
General Assembly met, acknowledge the Receipt of your Message 
of this Day, delivered to the House by Mr. Secretary; and beg 
leave to inform your Honour that divers Inhabitants of the Coun- 
ties of New-Castle and Chester, have presented a petition to this 
House relating to the Fishery in the River Brandywine, and that the 
IIou«e has made some progress in considering of the Matters 
prayed for ; And your Honour may rest assured that this House 
will, without Delay, proceed to a further consideration concerning 
the Regulation of the said Fishery recommended by your Honour, 
and come to such determination thereon as the Nature of the af- 
fair will admit of. 

"Signed by Order of the House, 

"JOHN YINING, Speaker. 
" New-Castle, 5th June, 1769. 



Wednesday, June 14th, 1769. 

The Assembly sent up on the 8th and 12th Instant, several Bills 
to the Governor for his Concurrence, which have been read and 
duly considered, and are entituled as follows. Viz'-: 



PROVINCIAL COUNCIL. 599 

" 1. An Act for the more easy and speedy recovery of small 
Debts." 

2. " An Act concerning Wills made by Persons residing out of 
this Government." 

3. '' An Act for the new appointment of Trustees for the several 
General Loan Offices within this Government." 

4. '' A Supplement to An Act for the Stopping St. George's 
Creek, and for embanking and draining a Quantity of Marsh and 
Cripple on both sides of the said Creek, &c^" 

5. " An Act for the more effectual draining and improving the 
Meadow, Marsh, and Cripple, on Christiana and White Clay 
Creeks." 

6. *'An Act for the keeping the Banks, Dams, and Sluices of 
the Meadow on Red-Hook Creek, in the Hundred and County of 
New Castle, in Repair." 

7. "An Act for aiding the discontinuance of the Process in the 
Supreme Court, in the County of New Castle, and for appointing 
other Days for holding the said Court within this Governmoat. 

8. " An Act for the more effectual Draining and improving the 
Marsh, Cripple, & low Land on Morris's Branch, in Appoqniuimink 
Hundred, and County of New Castle, in the Tenure and Occupation 
of David Finney, Esquire, John Lewis, and others." 

The Governor returned the said Bills to the House by the Secre- 
tary, with a few Amendments to the first mentioned fuur, and a 
Verbal iVIessage that he gave his Assent to the others. 



Thursday, June the loth, 1769, P. M. 

The following six Bills having been sent up by the Assembly to 
the Governor for his Concurrence, were duly considered and returned 
to the House by the Secretary, with one Amendment to one, and a 
Message that his Honour agreed to the other five. Viz'-: 

9. "An Act to enable the Owners and Possessors of the Marsh 
Meadow on the North Side of Christiana River, called Brandywine 
Marsh, and of a Tract of Meadow, Marsh, and Cripple, on tb'j South 
Side of the said River, called Hollander's Creek Marsh, and also, 
of a Tract of Marsh Meadow near New-Port, called Conrad's Crip- 
ple ; to keep the Banks, Dams, and Sluices in Repair, and to raise 
a Fund to defray the Expences thereof." 

10. " A Supplement to the Act, entituled ' An Act to enable 
the Owners and Possessors of the Meadow Marsh and Cripple on 
Red Lyon Creek, in New Castle County, to keep the Banks, Dams, 
Sluices and Flood-Gates in Repair, and to raise a Fund to defray 
the Expences thereof.'" 

11. "An Act for extending An Act entituled ^ An Act to pre- 
vent Swine running at large without Rincs and Yokes in certain 



600 MINUTES OF THE 

parts of New-Castle County, within this Government, to a certain 
part of Apoquinimink Hundred, in the County aforesaid.'" 

12. "An Act to enable the Owners and Possessors of the Meadow, 
Marsh and Cripple on Tom's Creek, in the Hundred and County of 
New-Castle, to keep the Banks, Dams and Sluices in Repair, and 
to raise a Fund to defray the Expence thereof." 

13. "A Supplement to an Act entituled 'An Act for the effec- 
tual Draining and improving the Marsh on the North End of the 
Town of New-Castle, in the Tenure and Occupation of John Finney. 
Esquire, the Eeverend Aeneas Ross, James Sykes, and John Max- 
well, the Heirs of Benjamin Price, Daniel M'^Lonon, Robert Mor- 
rison, John Silsbee, George Munro, Esquire, and Nathaniel 
Silsbee.' " 

14. " An Act to enable the Owners and Possessors of the Tract 
of Meadow Marsh and Cripple, at Swauwick, in the Hundred and 
County of New-Castle, to keep the Banks, Dams, Canals, Sluices, 
and Flood-Gates in Repair." 

The Governor then considered the Record of Conviction of 
Samuel Galloway, of Kent County, for Burglary, and issued a 
Warrant for his Execution on Saturday the 15th day of July next. 



Friday, June 16th, 17G9. 

Three Members having again broucht up the several Bills which 
have been amended, and acquainted the Governor that the House 
had acceded to all his Amendments except the additional Clause 
proposed by his Honour for luaking the Bill '' fur the more easy 
and speedy recovery of small Debts/' a Temporary Law, which the 
Governor now thought proper to recede from, and returned the 
several amended Bills to the House by the Secretary with his As- 
sent. 



Eodem die, P. M. 

Three Members of Assembly presented to the Governor for his 
Cpncurrence two Bills, entituled 

15. " An Act for amending the Act entituled ' An Act for the 
Relief of Insolvent Debtors within this Government.' " 

16. "Afurtlicr additional Supplementary Act to the Act enti- 
tuled 'An Act for the better regulation of the Roads in New-Cas- 
tle County.' " 

Which were duly considered and returned to the House with the 
Governor's Assent. 



PROVINCIAL COUNCIL. 601 

Eodem die, P. M. 

A Committee of the Assembly waited on the Governor with a 
Message from the House, requesting to know when and where he 
would be pleased to receive the House in order to Pass the Bills. 
His Honour having answered that he was ready to receive the House 
immediately at his Lodgings, they aopordingly attended there, and 
the Speaker presented the sixteen P>iTls agreed on, which the Gov- 
enacted into Laws, signed a Warrant for affixing the Great Seal 
thereto, and directed the Secretary to accompany two Members of 
Assembly to see them Sealed and deposited in the Rolls Office. 

The Speaker then, in behalf of the House, thanked the Governor 
for his Care and Diligence in attending the Business of the Govern- 
ment, and delivered to him Orders on the Trustees of the Loan 
Office, for £250, for which His Honour returned the House his 
thankful acknowledgments. 



At a Council held at Philadelphia, on Tuesday the 20th of June, 
1769. 



PRESENT 



The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &e*- 



James 1 ilghman, ) -r, 

u- u 13 *. > Jlisquires. 

Kichard Peters, j ^ 



The Governor laid before the Board a Transcript of a Record of 
Conviction, whereby it appears that at a Court of Oyer and Termi- 
ner and General Goal Deliver}-, holden at Lancaster, in and for the 
Borough of Lancaster, on Monday the 15th Day of May last, be- 
fore John Lawrence and Thomas Willing, Esquires, two of the Jus- 
tices of the said Court, John Adam Berger was tried for and con- 
victed of Felony and Murder, committed on the Body of Regina 
jMagdalcna Berger, on the 24th of December last, and had received 
fcientence of Death for the same. 

The said Record being taken into Consideration, and no favour- 
able Circumstances having been reported by the said Judges on be- 
half of the said Criminal, the Governor, by the advice of the Board, 
thought proper to issue a Warrant for the Execution of the said 
John Adam Berger, on Saturday the first of July next. 

The Governor then acquainted the Board that it had been repre- 
sented to him that a Magistrate was much wanted in the Borough 
of Lancaster, and Robert Boyd, Esq., being thought a proper Per- 
son to fill the said Office, His Honour was pleased to issue a Com- 
mission, appointing the said Robert Boyd a Justice of the Peace 
and of the County Court of Common Pleas for the said County of 
Lancaster 



602 MINUTES OF THE 



At a Council held at Philadelphia, on Tuesday the 11th June, 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &C*' 

Benjamin Chew, » Thomas Cadwallader, ^ -^ 

Joseph Turner, 5 Esquires. 

The Record of Conviction of Samuel Galloway, late of Kent 
County, Yeoman, was re-considered, and a Warrant of Respite di- 
rected to the Sheriff, was issued for suspending the Execution of the 
said Samuel Galloway to the 10th day of November next. 



MEMORANDUM, July the 11th, 1769. 

The Governor this day received the following Letter from the 
Honourable William Pitkin, Esquire, Governor of the Colony of 
Connecticut, Viz'-: 

" Hartford, the 26th of June, 1769. 
"Sir: 

"I received Yours of the 13th of February last, and thought pro- 
per to communicate it to the General Assembly of this Colony, as 
is, and has been the Custom in this Government as to such Letters, 
before I returned an Answer. I improved the earliest Opportunity 
berefor, at their Session in May last, but no Resolutions relative to 
the Subject Matter of your Letter were come into by them. W^hat 
has been resolved by this Colony in favour of the Susquehanna 
Purchasers, was in the Year 1755, which, I doubt not, you have 
long since been advised of. Whatever Correspondance has here- 
tofore been carried on relative to the Subject, has proved ineffectual 
as to quieting the Minds of those Interested ; and should the like 
Correspondance be renewed as to the Bounds of the Colony by our 
Royal Charter, and the Legality of the Purchase made of the Indians, 
it would probably be of little avail, Private Opinion being very un- 
determinate in Cases where Provision is made by Law for issuing 
them. 

'* I am truly solicitous that the Peace of your Province, as well 
as this, should be maintained, and flatter myself that Individuals 
challenging what they claim their Right, which must be determined 
in a legal manner, will not disturb the Peace of either, but hope 
such Measures will be come into, and the whole Affair so adjusted, 
as greatly to redound to the Emoluments of each of them. 
" I am, with Esteem and Regard, Sir, 

" Your most obedient humble Servant, 

uy^M. PITKIN. 

" To His Excellency John Penn, Esquire." 



PROVINCIAL COUNCIL. 603 



At a Council held at Philadelphia, on Tuesday the 18th of July, 
1769. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, President. 
Joseph Turner, Thomas Cadwaladcr, • -p, 

Richard Peters, James Tilghman, ^ 

Colonel Francis having Yesterday come to Town fnnn the Forks of 

Susquehanna, and brought the disagreeable News that on ;he 

Day of , an Indian Man, called young Seneca George, was 

unfortunately Shot on the West side of Susquehanna, a few miles 
below Middle Creek, attended at the Board by the desire of the Pre- 
sident, and acquainted them that He, with some other Persons, had 
apprehended one Peter Read as the Person suspected to have Shot 
the said Indian, and brought him before James Bun], Esquire, who, 
after taking the Deposition of the said Colonel Francis, James Parr, 
and William Patterson, committed the said Read to Lancaster Goal 
'till further Orders should be given by the Judges of the Supream 
Court; And after Colonel Francis had related the several Particu- 
lars respecting the killing of the Indian, as set forth in the Deposi- 
tion which was sent to the Judges of the Supreme Court, the Board 
took the matter into their Serious Consideration, and were of Opin- 
ion that a Present of Condolance should be immediately provided 
and sent to Old Seneca George, and the other Rehitions of the De- 
ceased Indian, accompanied with a condoling Message to them from 
the Government; and that a Letter should be sent Iv the next Post 
to Sir William Johnson to inform him of this unfortunate Accident, 
that he may acquaint the Indians with it in the most proper man- 
ner. 

Mr. Peters and Mr. Tilghman were appointed to CMifer with the 
Speaker of the Assembly on the Occasion, in order to know whether 
He and other Members of the Assembly who were in Town, would 
engage that the House should pay the Expences of tlic said Present, 
and such Charges as might attend the delivery of it. 



At a Council held at Philadelphia, on Wednesday 19th July, 
1769. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, President. 
Joseph Turner, Richard Peters, | ^^ • 

William Logan, James Tilghman, j ^^^ ' 

" Mr. Tilghman and Mr. Peters reported that they had conferred 
with Mr. Fox on the Subject recommended to them Yesterday, and 
that Mr. Fox acquainted them he had consulted several of the 



604 MINUTES OF THE 

Members of Assembly respecting the Present proposed to be made 
by the Government to the Relations of Young Seneca G-eorge, and 
that they all much approved of the Measure, and made not the least 
Doubt but the Assembly would clfcarfully defray the Expence of 
such Presents as might be thought necessary to be made, as well as 
the Charges attending the Transportation and Delivery of them. 

" Whereupon it was agreed that the following Goods should be 
sent to Fort Augusta without Delay, and there delivered to the In- 
dians by Colonel Francis, with a Message to be prepared by Mr. 
Logan and Mr. Peters, and the Secretary was desired to speak to 
Mr. Fox and request he would Order the said Goods to be provided 
accordingly. 

Here follows the List of the Goods, Viz'': 
1 Piece of Black Strouds. 
1 Ditto of Black half thicks (or Blue if Black cannot be got). 

1 Ditto of Black Striped Duffills. 

2 Ditto of Bandanoe Silk Handkerchiefs, dark Coloured. 

1 Dozen of Shirts, Viz'- 6 Ruffled and 6 Plain, 

2 Pieces of Gartering, Scarlet and Star. 
50 lbs of Tobacco. 

4 Pair of Shoes, and 4 pair of Buckles. 
15 Gallons of Rum in 3 Keggs. 
2 lbs of Vermillion. ■« 

1 dozen of Small Brass Kettles. 

2 Barrels of Pork. 

It is also agreed that Flour and Indian Corn sufficient for the In- 
dians that may come to Augusta, be provided by Colonel Francis, 
on the Frontiers or at the Susquehanna. 



At a Council held at Philadelphia, on Tuesday the 22d of Au- 
gust, 1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
<&c^- 
The Hon''''- James Hamilton, William Logan, ~| 

Richard Peters, Lynford Lardner, i- Esquires. 

Benjamin Chew, James Tilghman, J 

A Company of Indians to the Number of 37, including Men, 
Women, and Children, came to Town on Friday, and to-day five of 
their principal Men waiting on the Governor, they were invited 
into the Council, and on their behalf Shoanaszowa, a Seneca Indian, 
made the following Speech to the Governor : 

" Brother : 

" I am glad to have an Opportunity of seeing you ; We are of 
your Brethren that live at Chenango, on the Susquehanna, and We 



PROVINCIAL COUNCIL. 605 

come down to see our Brother, to tell him that We have of late 
bad a good deal of sickness, and are in great Distress. Our 
Brothers here have always been kind to Us, and We hope We shall 
now meet with the same kind Treatment We have always had from 
You. 

. A String of Wampum. 
"Brother : 

" You told us, at the great Treaty that was held last Fall, that 
You would keep the Road between us open and safe, and be good 
to us, and desired We would act in the same Manner. Our Dis- 
position, we assure you, is not changed towards you, it is still the 
same as ever, and We hope You are likewise of the same good 
Temper towards Us. We find what you told Us then to be true, 
for We have come here without any Molestation. The way has 
not a Stick in it, but all is free and open, and our Journey has been 
safe. 
"Brother: 

" In former Times all this Country belonged to the Indians ; now 
it is otherwise. Yon have a \&r^e Share of it, and I am glad to 
find You carry on a good Trade with Us, and We live together in 
Peace and Love. This is just as you promised it should be at the 
last Treaty. 

A String. 
" Brother : 

" I hope you will now pay a particular Regard to what I am go- 
ing to say. We are come here from a great way off, and are much 
fatigued. There are some of the six Nations where we live, and 
I am come at their Instance, as well as from the other Indians that 
are at Chenango, and I hope you will listen to me in their behalf. 

" You see our Condition ; We are very poor and ragged ; We 
have not had a good Hunting Season ; We have been very Sick, and 
are in Distress; Have pity ou Us, and give us a little Cloathing; 
We are almost Naked." 

A String. 

Mr. Peters was desired to acquaint the Speaker of the House 
■with this application, and ask him to provide what should be thought 
proper to be given on the Occasion. 



Thursday, the 24th of August, 1769. 
MEMORANDUM. 

Mr. Fox having, at the Instance of the Governor, provided a 
present for the Indians, it was this Day delivered to them, and the 
(Jovernor at the same Time spoke to them as follows : 



606 / MINUTES OF THE 

" Brethren : 

"I have considered what you said to me; it is all very agreeable ; 
and I am glad to see you. 

A String. 

" Brethren : 

" You may be assured We shall always observe to do whatever 
We promise in our Treaties. The People of this Province were 
always kind to their Indian Brethren; and will continue to be kind 
to them as long as the Indians, on their side, behave in a friendly, 
quiet and good manner. 

A String. 
' ' Brethren : 

"I thought that the Country about Chenango was a good hunt- 
ing Country ; and that you might get Fish in Plenty ; and that all 
sorts of Game abounded there. We are sorry that you tell Us of 
your distress and Poor Condition; and in consideration thereof, We 
have provided (though with some difficulty, as there are now scarce 
any Indian Goods in Town) a few things for you, which I desire your 
acceptance of as a Testimony of the Love the good People of this 
Province bear to their Indian Brethren." 



Thursday the 24th of August, 1769. 

MEMORANDUM. 

The Governor having received further Intelligence respecting the 
Determination of the Connecticut People to continue to keep Pos- 
session of the Wyoming Lands, thought proper to dispatch by Ex- 
press the following Letters and Instructions to Colonel Francis, at 
Fort Augusta, Mr. Charles Stewart, Mr. Amos Ogden and Mr. John 
Jennings, Sheriff of Northampton County. 

A Letter from the Governor to Colonel Francis. 

"Philadelphia, the 24th of August, 1769. 
" Sir : 

" As the New England Men have not thought proper to observe 
their agreement made at Easton, but soon determined to retain their 
unlawful Possessions at Wyoming, I must desire you to exert your 
influence in raising as good a Party as you can, in order to assist 
the Sheriff of Northampton in executing the King's Writ on the 
New England People at Wyoming who were indicted at Easton, and 
J hope you will find the People in your Neighbourhood as willing 
to embark in the affair as they have heretofore shewn themselves. 
When you can know what number you can procure, you will send 



PROVINCIAL COUNCIL. CCf 

aa Express to "Wyoming, informing Mr. Stevyart or Mr. Ogden of 
it, that they may transmit the Account to the Sheriff of North- 
ampton, and fix a Time of meeting him at Wyoming, in which you 
will take Care to allow Time enough. 

" I send you £ , to defray the Expense of the Expedi- 

tion. 

" It is hoped you will be able to procure the People to go with- 
out Pay, as they have already manifested a very good Disposition to 
bring the Intruders to Justice, and to support the Civil power of the 
Government under which they live. 

If the Persons Indicted have all left Wyoming, you will be made 
acquainted with it by Mr. Stewart or Mr. Ogden, and in such Case 
you need not proceed. I have a Confidence in your activity and 
Resolution, as well as in your Prudence, in this Service, and am, 
Sir, 

" Your most obedient humble Servant, 

''JOHN PENN. 
"To Colonel Turbutt Francis at Fort Augusta." 



j1 Letter from the Governor to Messieurs Stetoart and Ogden 

"Philadelphia, the 24th August, 1769. 
"Sir: 

" As the New England Men seem determined to remain at Wyo- 
ming, there is a Necessity that the Government should take proper 
Measures to bring the People Indicted at Easton to Justice ; And 
tor that Purpose I desire you will immediately repair to Wyoming, 
iu order to carry on a Correspondance with Colonel Francis, who is 
desired to assist in this matter, and also with Mr. Jennings, the 
Sheriff of Northampton, who is properly instructed in the manner 
of executing the King's Writ against the Offenders. 

" If, upon going to Wyoming, you find that all the Persons In- 
dicted have left the place, you are immediately to advise both 
Colonel Francis and the Sheriff of it, that the Expence of bringing 
up their Parties may be avoided. If any thing particular should 
occur, which you may think proper for the Government to be ap- 
prized of, you are to send Expresses for the Purpose. 
"I am, with great Regard, Sir, 

" Your most Obedient humble Servant, 

"JOHN PENN 

•'To Charles Stewart or Amos Ogden, Esquires." 



608 MINUTES OF THE 

*' Instructions to the Sheriff of Northampton, relative to his C'jti' 
duct in executing the King's Writ upon the New England Men 
at Wyoming, Indicted for Forcible Entry, &ca. : 

'' You are to summon to your Aid as many of the Inhabitants of 
the County as you may judge necessary. 

'* It is expected that a Number of People from the West Branch 
of Susquehanna will join you in the Neighbourhood of Wyoming, 
■whom you will also take to your assistance ; but of this you will 
receive further and more particular Intelligence, either from Wyo- 
ming or Philadelphia, and you are to wait till such further infor- 
mation is given you. 

" As you are a Stranger to the Persons Indicted, you should take 
"with you such of the Persons settled at Wyoming, under Pennsyl- 
vania, as are acquainted with them, to shew or point out to yon 
those named in the Writ. 

" You are to be Cautious not to arrest any who are not named in 
the Writ, except they oppose you in the legal execution of yoxir 
Duty, or attempt a rescue, or otherwise commit a Breach of the 
Peace 3 in either of which Cases, you may arrest and detain them, 
until they can be carried before a Justice to Answer^ for their 
Offence. 

**If the Persons named in the Writ, or any of them, retire to 
any House and refuse to admit you, you are first to demand En- 
trance, and inform those within that you have the King's Writ 
against the several Defendants, and if they afterwards refuse 
to open the Doors, you will be justified in breaking them open 
and entering to make the arrest; but, before you proceed this 
length, it is absolutely necessary you should know that one or more 
of the Defendants are within the House ; but in this Case, it 
would be well if, before you use Force, you would parley with the 
wrong-doers, and urge Arguments to induce them to desist from 
their illegal Purpose. 

" As the New England Men threaten to oppose You in the exe- 
cution of your Duty with Force and Violence, it is prudent that 
You and Your Party should furnish yourselves with Arms for your 
Defence and Preservation only, but not to make use of them unless 
reduced to the necessity of doing it by an illegal and violent resist- 
ance, in which Case you may oppose Force with Force. It is, how- 
ever, warmly recommended to You to exercise on this unhappy 
Occasion the utmost Discretion and Prudence, to avoid the effusion 
of Blood, and that neither You or Your party strike, fire at, or 
Wound the Offenders, unless you are first stricken, fired on, or 
Wounded. 

'^ At the same Time that it is required of you to act a spirited and 
resolute Part in using your utmost Endeavours to arrest the Offend- 
ers, it is not expected or desired that you should expose yourself 
and your Party to unnecessary Danger, or run great Hazards, if 



PROVINCIAL COUNCIL. 609 

vou should be opposed by Numbers so greatly Superior to You that 
there is no probability of succeeding in the Attempt, which must be 
left to your own Judgement and Observation on the Spot; but iu 
such Case you are to return and make Your Report to me, in Order 
that I may apply to General Gage to furnish nie with the Military 
Force to support the Civil Power, & enforce the execution of the 
Laws. 

' ''JOHN PENN. 

^'To John Jennings, Esq""-' Sheriff of the Cot''- of Northampton." 

"Philadelphia, August 24th, 17G9. 



Tuesday the 19th of September, 1769. 

MEMORANDUM : 

The Governor received a Verbal Message from the Assembly, 
acquainting him that the House had met pursuant to Adjournment, 
and were ready to receive any Business he had to lay before them, 
to which His Honour answered that he had nothing in particular at 
present to recommend to their consideration. 



At a Council held at Philadelphia, oa Tuesday 26 September, 
1769. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
<&c''-' and James Tilghman, Esquire. 

The Assembly having sent up to the Governor for his Concur- 
rence a Bill eatituled " An Act for the Support of the Government 
of this Province and Payment of the Public Debts," the same was 
read, and before any Determination should be made respecting it, 
the Governor thought proper to send a Verbal Message to the 
House by tUe Secretary, requesting them to furnish him with a List 
of the I'ublic Debts which are intended to be discharged by the Bill 
under his Consideration. 



Wednesday the 27th of September, 1769. 

Two Members of Assembly brought to the Governor an Esti- 
mate of the public Debts referred to in the Bill for the support of 
Government, and also, delivered to His Honour an Address from 
the House, which is as follows, viz'-: 
VOL. 7.X.— 39. 



610 MINUTES OF THE 

To the Honourable JOHN PENN, Esquire, Lieutenant Governor 
of the Province of Pennsylvania, &ca. 

The Address of the Representatives of the Freemen of the said 
Province in General Aasemhly met. 

" May it please yotsr Honour: 

"We, the Representatives of tbe Freemen of the Province of 
Pennsylvania, in Assembly met, beg leave to represent, that taking 
lander our Congideration the several Laws lately passed for the Pre- 
servation of the Fish in the Rivers Delaware, Susqaehanna, and 
Schuylkill, and making the last mentioned Navigable, find, not- 
withstanding the salutary Provisions in the said Laws, a large Num- 
ber of Wears, Bams, Baskets, and other Obstructions have bees, and 
daily continue to be erected in the said Rivers, whereby tbe good 
Intentions of the Legislature are rendered ineffectual, ssnd the Mis- 
chiefs intended to be remedied remain unremoved, and that a con- 
tinuance of those Mischiefs is principally occasioned by the Neglect 
of the Magistracy and Constables concerned ia the du® execution of 
the Powers vested in tbem by those Laws. 

"We therefore earnestly request your Honour will be pleased to 
issue your Proclamation requiring and commanding tbe Magistrates 
and all other Officers for the several Counties adjoining the said 
RiverS; to pay due Attention to the said Laws, and esert their utmost 
Endeavours to enforce a faithful and strict Obedience to them. 
" Signed by Order of the House, 

" JOSEPH FOX, Speaker. 

" September 27th, 1769.'' 



At a Council held at Philadelphia, on Friday the 29th Septem- 
ber, 1769. 

PRESENT ; 

The Honourable JOHN PENN, Esquire, Lieuteuant Governor^ 
&ca. 

Richard Peters, Benjamin Chew, ? -r^ 

James l3lghman, 3 ^ 

The Minutes of tbe Indian Conferences held last Month by Colo- 
nel Francis at Shamokin, were read and ordered to be entered in the 
Council Books, and the Secretary was directed to lay the same 
before the Assembly for their Perusal. Tbe said Minutes are a& 
follow, viz'' , 



PROVINCIAL COUNCIL. 611 

** Minutes of a Conference held at Shamokm or Fort Augusta^ l>j/ 
Colonel Francis on the part of the Government of Pennsi/lvafiia, 
with the Indians inhahitimj in and near Shanango, in order fta 
Condole with and make a Present to Seneca George and his Re- 
lations, on Account of the Death of George's only Son, who was 
Shot some Time since hy an unknown Person, near the Mouth of 
Middle- Creeic on Susquehanna. 

Saturday, August the 19th, 1769, a little before Noon Seneua 
George, accompanied bj the Conoy King, named last Night by an 
Onandago Chief named Glenquant, and about 53 more Indians of 
different Tribes, but chiefly Nanticokes and Conoys, landed from, 
their Boats and sent a Message to Colonel Francis to know whea. 
they might speak to him, who immediately returned Answer that 
in the Afternoon he would be glad to see his Brother Seneca George 
and the Friends and Brethren he had brought with him. Colonel 
Francis then prepared to receive the Indians, and desired the Reve- 
rend Doctor Smith of Philadelphia, who happened to come to the 
Fort about half an Hour before the Indians, to give his assistanoe 
in taking the Minutes, &ca. 



August the 19th, in the Afternoon. 

PRESENT : 

Colonel Francis, on the Seneca George, 

part of the Government, Last Night, the Conoy King, 

Reverend -Doctor Smith, Genquant, an Onondago, 

and about 50 Inhabitants, and 22 more Warriors, 

on ana near Susquehanna. and Young Men. 

Isaac Still, Interpreter. 
Seneca George speaks : 
*' Brother : 

" You sent a Letter some Days since inviting me to this Placo 
I invited my Brother Genquant, one of the Onondagoes, to come 
with me, and likewise some of my Children of the Nanticokes and 
Conoys. I also found other Young Men waiting for me to come 
down ; and now we are all here before you, as if you was the Gover- 
nor, for you could not expect me to come alone. 
" Brother : 

'* We have met among ourselves this Day with many Tears, but 
now we sec you our Tears begin to dry up a little, and we ar« 
ready to hear what you have to say, and you may appoint the Tim© 
as soon as you please, and when you speak, all of us will conpidftx 
one with another what you say to us. 



612 MINUTES OF THE 

** ]5rother : 

"I will speak one Word more, I desire you would stop all your 
Strong Drink a while, for you and I can neither speak nor smoke 
together rightly if our young Men should get Drink at this Coun- 
cil-fire kindled by the Grovernor at Shamokiu. 
" Brother : 

''You and I are Friends and know each other, and you likewise 
very well know what the Custom is when the .Governor meets his 
Brethren at any place where he appoints a Council Fire, Now you 
see your Brethren here, and we desire you will give us something 
to eat, for this is always the Custom when We meet the Governor 
at a Council Fire. We have no more to say at this Time." 

Colonel Francis was going to^iake some Reply, and to express 
his Pleasure at Meeting bis Brethren, and to tell them that they 
ehould hear good Things from the Governor on Monday, But Seneca 
George got up and desired Colonel Francis would not speak 
then, it being better to consider what had been said to him till 
Monday. The Indians then went to their Camp, and Provisions 
were sent to them. This Evening Joseph Shippen, Esquire, the 
Provincial Secretary, arrived at the Fort. 



Sunday, August 20, 1769. 

The Indians having understood that Doctor Smith was to have 
Divine Service to White People assembled at the Fort, Seneca 
George sent Notice that his People worshipped the same God with 
the English, and would attend Divine Service, which they did ac- 
cordingly, with great Decency, and Isaac Still interpreted the Con- 
clusion of the Discourse, which was particularly addressed to 
them. 



Monday, August 21st, 1769. 

PRESENT : 

Colonel Francis, Seneca George, 

Joseph Shippen, Esquire, Last Night, the Conoy King, 

Reverend Doctor Smith, Genquant, the Onondago Chief, 

Charles Stewart, Esquire, and other Indians, as before. 

and near 100 Inhabitants. 

Isaac Still, Interpreter. 

Seneca George speaks : 
"Brother, and all of you n>y Brethren : 

*' This Day We are all met here together. Some chief Men, my 
Brothers, are come with m"e, and some young Man, to this Council 



PROVINCIAL COUNCIL. 613 

Fire kindled by the Governor. You have sent for me to corns 
from Shanango, and now I am come to hear my Brother, and I 
suppose you have something within your Heart to tell me." 

Gives a String. 

Colonel Francis then spoke as follows : 
^' Brother Seneca George and all you, my Brethren : 

" I am glad to see you here, and that you received the Letter I 
sent you soon enough to meet me here at the very Time I wished 
to see You. My Grief for what has happened has been equal to 
yours, but on seeing you here in so friendly and good a Disposi- 
tion, my Grief is now so much removed that I have been able to 
light this Council Fire, and to acquaint you with what is contaiued 
within the Governor's Heart on this Occasion. 

Gives a String. 

"Now Brethren open your Ears and listen. I am going to de- 
liver to you what the Governor desired me to speak to Seneca 
George and his Friends on this sad Occasion. Attend then Breth 
ren, for it is now the Governor speaks. 
" Brethren : 

" I take this Opportunity by Colonel Francis to give you my 
kind and hearty salutations, and by this String I desire you will 
hearken to the Message I send you by him. 

A String of Wampum. 
" Brethren : 

" It is not above a Month ago that Colonel Francis came from 
Shamokin, on purpose to acquaint me of the Death of one of our 
Indian Brethren, and that the Man who was supposed to have 
committed the Crime was apprehended and secured in Lancaster 
Gaol. 

" On this information, I ordered the Man to be sent to the 
Gaol of this City, to be kept secure till he can be tried. 
" Brethren : 

" Colonel Francis further acquainted me that the Indians who 
were in the Cabbin with our deceased Brother at the Time he 
was killed, were present when the Offender was taken, and were 
satisfied with Colonel Francis's Conduct in this Affair, and were 
kind enough to take a Message from him to give you an Ac- 
count of what had been done, and to tell you he was hastening 
to Philadelphia to lay the same before me, and would bring in 
a Month or six Weeks my Message to you on this Melancholy 
Occasion, and desired you to be at Shamokin in Order to re- 
ceive it. 
" Brethren : * 

" Knowing that by Treaties between this Government and the 
Indians, We are obliged to inform each other of any accidents 
that happen which may be likely to disturb the Peace sub- 



614 MINUTES OF THE 

aisting between us ; as soon as I had made myself acquainted with 
tfce Particulars attending this Matter, I lost no Time in sending 
an Account thereof to Sir William Johnson, that he might relate 
the real Truth, so far as was come to my knowledge, to the 
Indians of the Six Nations, and assure them that the person 
apprehended should be talien great Care of and safely secured, 
and receive his Trial in the same Manner as if the Deceased had 
been a "White Man; and by his Trial it will appear whether the 
Affair was accidental or designed. 
" Brethren : 

''We are sensible that whilst the Body of our deceased Brother 
lies above Ground your Minds cannot be easy. We therefore, by 
these Strouds, bury this Body and cover it so deep that your Eyes 
may never more see it. 

Black Strouds. 
"Brethren : 

" With these Handkerchiefs We wipe away all the Tears which 
run down your Cheeks, and take the Sorrow froon your Hearts, and 
deflire you would grieve no more. 

Handkerchiefs. 
*' Brethren : 

" With this Belt We scrape up all the Blood that has lain on the 
Ground or may have stained the Bushes. We collect them to- 
gether and bury them under Ground, that neither your nor your 
friends Eyes may more behold them, as you pass and re-pass the 
place where the accident happened. 

A Belt. 
"Brethren : • 

•' As we have now buried the Body of our deceased Brother, 
We desire you will suffer no uneasiness to remain in your Minds, 
that may cause the least ill will towards your Brethren, the 
English. 

A Belt. 
♦' Brethren : 

" As you are the Relations of our deceased Brother, as a Token 
of our Affection for you and to comfort your Hearts, We desire 
you would accept of this present of goods." 

Delivered the Goods. 

(signed) "JOHN PENN." 

Seneca George then Speaks : 
"Brother: 

"Now I have heard what the Governor has to say to me on this 
Occasion; My Young Men and the Chiefs that are come with 
me have likewise heard it, and are very glad that they have heard 
the Governor of Philadelphia speak. Now I will return to my 
J'ire-place, and to-Morrow will give an Answer to what the Gover- 
nor has said to us." 



PROVINCIAL COUNCIL. 615 

Tuesday, August 22d. 

The iRdians sent Word they could not be ready to answer the 
<GoverQor's Message till to-morrow iu tke forenoon. 



Wedeeeday, August 23d. 

PRESENT : 

Colonel Francis, Seneca George, 

Doctor Smith, Last Night, 

Charles Stewart, Esquire, and other ludians, as before. 

about 50 Inhabitants. 

Being met, Seneca George spoke as follows : 
" Brother: 

" We have met here on this good Day, and as the Governor of 
Philadelphia has sent you here to speak to me, I shall look upon 
you as in the Governor's room. I am glad to hear what my Bro- 
ther the Governor has said, and so are also ray young Men, and I 
doubt not your young Men are likewise as well pleased as our 
young Men are with what the Governor has said. 
*' Brother : 

" I let you know I am not a King, but I am a Captain of the six 
Nations. But here is a King, [pointing to last Night, the Conoy 
King], You will hear him him speak good Things. His Words and 
mine are one. 
" Brothel": 

*' You may see that the Occasion which has called ua to meet 
here, is not from a bad Spirit on our Part, but yours. The great 
and good Spirit put it into the Hearts of our Grandfathers and 
yours to lay strong Foundations for Peace with each other. We 
must follow what they have done, and if We hide any Thing in our 
Hearts from one another, this great Spirit whom you call God Al- 
mighty, will know it." 

The Conoy King then speaks : 
*' Brother : 

" I am really glad to se-8 you at this Fire which the Governor has 
placed at Shamokin, and to hear what ray Brother, the Governor, 
has said, and to see all these young Men that are come with you. 
My young Men are likewise all glad on the same Account. 

A String, 4 Rows. 
" Brother : 

" I now speak to the Governor by you. Colonel Francis. I have 
put into m}- Heart what the Governor has said. My young Men 
have done the same. We all believe what the Governor has said to 



616 MINUTES OP THE 

Colonel Francis has really come from "his Heart. I will, therefore;, 
now open my Heart, and you shall hear very good Things. 

2d String, 4 Rows. 
"Brother: 

" I am well pleased the Governor takes this Method to bury our 
Grief under Ground. I need not repeat what you said to us. I 
am glad you have wholly wiped away that Stain from the Face of 
the Earth, and I now assure you I will look on you, my Brothers, 
as I used to do, and think well of you. 
"Brother: 

" As I told you, we are all glad to hear our Brother, the Governor, 
But, I assure you. Brother, I do not know what to do on the Affair 
we are met about. I have considered this sad Breach, and should 
know what to do in it if any of my People had committed the like 
against any of yours. 
" Brother : 

" You know best how to manage such of our People as have been 
overcome by the Evil Spirit, and therefore I leave this Matter wholly 
to you. 

A Belt, 7 Rows. 
" Brother : 

** Let me now speak one Word to my Brother, the Governor, and 
to you, Colonel Francis. I would have my Brother, the Governor, 
be strong to hold fast that good Friendship whereof our Grand- 
fathers laid fast Foundations when you came first into this Coun- 
try. Sir William Johnson is but lately come. But We had in old 
Time a very firm Peace, and you and I used always then to speak 
to one another. 

"Now as I said, Brother, We then laid firm Foundation for 
Peace, and this was one great article of that Peace, that we should 
have Pity on our young Men and also our Women and Children. — 
Because We all came at first from one Woman, as you may easily 
know by this mark, 'that our little Children when born have all 
the same Shapes and Limbs as yours, altho' they be of a different 
Colour.' Wherefore, Brother, I would have you be strong and in 
good earnest to preserve this our antient friendship, so that our 
young Men where-ever they meet on a Journey, or hunting about in 
the Woods, may always be glad to see one another. 
" Brother : 

" There was also another Mark in this our old Friendship, that if 
We h'ld but one Loaf of Bread when we met each other in the 
Woods, We would cut it in two and divide it one with another. — 
Let us all then cast up our Eyes to the great good Being to bless 
our Endeavours to preserve this our antient Friendship. 

A Belt, 8 Rows. 



PROVINCIAL COUNCIL. 617 

" Brother : 

'' You know that our Grand-fathers made a Road between each 
other, which passes by my Door and reaches to Onondago. AYe 
have now kindled a Council Fire at Shamokin. Let us both then 
be strong, that our young Men, Women and Children, may pass and 
re-pass and always be glad as they meet one another as they hunt 
in the Woods. 

''Erotber : 

" You may perhaps hear bad Stories from other Nations, but I 
would not have you listen to them, but let you and I still hold fast 
the antient Friendship, 
" Brother: 

" You and I are Brothers. The Nations to which I belong, the 
Nanticokes and Conoys, never yet since the beginning of the World, 
pulled one Scalp nor even one Hair from your Heads, and this I 
say gives us a Right to call ourselves your Brothers. Although 
you have done me some Hurt I have never yet cast my Eye upon 
that, but have always looked stedfastly to our antient Friendship. 
" Brother : 

" Now we have healed this sad Breach, and you see all my young 
men here are satisfied it is so made up, and I hope your young Men 
are also pleased. But Brother I would have you tell your young 
Men never to make the least Breach of our Friendship again, and 
I will tell our young Men the same. 

A Belt, 7 Rows. 
" Brother: 

" Now you have heard all your Brothers had to say to you on 
this good Bay. There is, as I told you, a Council Fire at Sha- 
nango, which is the Door of the Six Nations. When I go home 
all your Brethren shall know what you have said, and Sir William 
Johnson shall also know it. 
"Brother: 

" We the Nanticokes and Conoys, have wiped away all the Grief 
from the Eyes of our great Warrior, Seneca George. We shew 
you this Belt, wherewith we joined you in wiping his Eyes. 
"Brother: 

" Last fall Sir William Johnson and all the Governors kindled 
a Council Fire at Fort Stanwix. He sent for all his Indian Bre- 
thern, as far as Allegeany, to meet at this Council Fire. It was 
his Business when they met, to find Provision for them, and he did 
so. But they killed one six Years' old Steer for me, and I had no 
Satisfaction for it. If you think proper to consider this matter and 
allow me satisfaction, I shall think well of it. 
" Brother: 

"To-Morrow I intend to leave you, I was in hopes you would 
have sent me a Squaw to keep me warm at Night. Perhaps you 



618 MINUTES OF THE 

have one to keep you warm, but as you did not send me one, I 
must go home to my own as fast as I can. But you know the Cus- 
tom is that you must give me a little Bread to eat on the way." 

Colonel Francis then spoke as follows : 
" Brothers^ Seneca G-eorge, Last Night, and all you, my Brethren ; 

" I am really rejoiced to hear all the good things you have said, 
and to find that the Governor's Message to you, with his small Pre- 
sent of Goods, have wiped away all the tears from your Eyes, and 
confirmed in your Hearts the old Friendship and good will you have 
to your Brothers, the English. All who are present with me re- 
joice on the same account. You see I have caused to be written 
down on Paper all the good things you have said, that I may send 
them directly to the Governor, who will put them in his Heart, and 
remember them the first time you speak together. 
" Brother: 

" As to what you say about a Squaw, I have really none here. 
We keep all ours in Philadelphia, and we are as desirous to get 
home as you are. I am sorry that we have so little Provisions 
here. But you shall this very evening have all that I can get for 
you. I will kill one of our best Cattle for you. I will send you 
all the Flour I have left to make a cake on your way, and I will 
give some Powder and shot to your young Men to kill a little Deer 
to eat with your Cake as you go along. I shall likewise send you 
a little Walking Stick, [The Indian Phrase for Rum] and am sorry 
I cannot make it long enough for a setting Pole, But really our 
Rum Keggs begin to run very low j however, I^will make the stick 
as long and strong as lean. 
"Brother Last Night : 

" I will consider what you say about your Steer, and look what 
there is in my Purse when I go home to my lodgings from the 
this Council Fire." 

Colonel Francis having finished the above, which was received 
with great Cheerfulness and many Signs of Approbation by the 
ludians, Mr. Frederick Weiser desired Colonel Francis that he 
would be pleased to deliver in his name the following short speech 
to Seneca George. 

" Brother Seneca George : 

"Now the Business of the Governor is finished, the Son of your 
old Brother and Friend CONRAD WEISER, desires to speak a few 
words to you. Myself and all the Children of Conrad have had 
great Grief and many Tears for the unhappy Death of your Son, 
and our Tears have run down our Cheeks in greater abundance be- 
cause a Cousin of ours, the Sister's Son of our Father Conrad, has 
been suspected of doing the Mischief. He is soon to be tried by 
the English Laws, and if he should be proved Guilty, which we 



PROVINCIAL COUNCIL. 619 

hope he may not be, We are -willing he should suffer the same Pun- 
ishment as if he had committed the Crime against a White Man. 

" Brother : 

This Matter hath grieved and surprized us greatly, for neither the 
man who is said to have done this, nor any of our Family, have ever 
ha^ any difference with our Indian Brethren, and Time will shew 
whether this man is guilty or not; and as we do not wish to skreen 
him from Justice, We desire you will not entertain in your Hearts 
any ill will against any of the Family or children of your old Friend 
and Brother Conrad Weiser, on account of this one man, who, if he is 
guilty, must have been carried away by a very evil spirit towards 
the Indians, and different from the spirit of all his Family. As a 
mark of our love to you, I who am the eldest Son of your old friend 
Conrad Weiser, desire you will accept this small Present from his 
Family, to wipe all Tears from your Eyes." 

A Present from Mr. Weiser : 

Seneca George having sat after this Speech 3 or 4 minutes in a 
deep silence, with his Eyes fixed on the Ground ; and Tears visibly 
flowing from them, got up and spoke as follows : 
" Brother : 

" I have really been pleased with what the Governor has spoken 
by you, Colonel Francis, for making up this sad affair. Now as to 
what has been said by the Son of Conrad Weiser, I am glad to see 
one of his Sons, and to hear him mention a little of the old Friend- 
ship and Love that was between us and our Brother his Father. — 
Yes, old Conrad Weiser was indeed my Brother and Friend. He 
was a Councillor of the Six Nations, and knew all that passed 
among them or was in their Hearts. I am very glad the Tears 
have flowed from the Eyes of his Children, as they have done from 
mine, on account of this unhappy affair, which has certainly been a 
very great Grief to me^-for he that is lost was a Son that lay near 
my Heart. He was all the Child I had; and now I am old, the loss 
of him hath almost entirely cut away my Heart. But I am yet 
pleased my Brother Weiser, the Son of my old Friend, has taken 
this Method to dry my Tears. 

" I assure my Brother Weiser this matter shall be remembered 
no more against his Family to their Hurt, but I will look upon it 
that an Evil Spirit got into the mind of the Person who did it." 

All the while Seneca George was delivering the above, he kept 
advancing still nearer and nearer to the Table where Colonel Francis, 
Mr. Weiser and the other Gentlemen sat, and his action and whole 
behaviour were surprizingly great. That part especially, where he 
spoke of his Son, was understood even before interpreted, by the 
tone and manner in which it was delivered. When he came to the 
last part, where he declared he had no Ill-will to the Family of the 
Weisers, he sprang forward with a noble air of Forgiveness — and 
shaking Mr. Weiser by the Hand, '< I have [said h«] no ill-will to 



620 MINUTES OF THE 

you Mr. Weiser. None to you Colonel Francis. Nor any to you 
Father, (so he called Doctor Smith) nor any to you (meaning Mr. 
Stewart)," and shaking every one by the Hand, then spreading out 
his arms and turning quite round to all the Company, '' nor have I 
any ill-will to any of you my Brethren the English." 

That manly Spirit of Forgiveness and Reconciliation which Sen- 
eca George showed on this Occasion, by his Looks, Gesture, and 
whole Action, made some of those at the Table cry out as he ran 
up, holding out his hand to them, " Tlds is Noble," for here his 
Speech stood in need of no Interpretation. 

Here the Conference ended. 

After the Conference, James Nanticoke, who had been obliged 
to return home, sent this Message by James Curtis; "That he re- 
quested his Brother, the Governor of Pennsylvania, not to give 
any Passes to any young Nanticokes that might desire to go to see 
their Lands in Maryland, unless they should bring some Token 
from him and John Curtis, for that their young men had no Busi- 
ness in Maryland, as they had agreed to sell their Lands to the Gov- 
ernor." 



A Conference with the Delawares inhahiting the Big Island, and 
West Branch of Susquehanna. 

During the Conference with Seneca George and his Friends, Col- 
onel Francis had great uneasiness on account of the Delaware Chief 
New-Aleka, and about 42 of his Friends, who had come down the 
West Branch, on a Rumour that there was to be a General Treaty 
at Shamokin, and that the Governor was to be there. The Nanti- 
cokes and Conoys refused to admit them into the Conference, and 
said they had no Business with it, while the others complained that 
they had waited many Days, lost part of their Hunting Season, and 
were now Starving for Hunger. 

Colonel Francis sent Isaac Still to bring three or four of their 
Chiefs to a private Conference, who being come, told him tha.t since 
they could not see the Governor, nor hear from him, they intended 
to proceed to Philadelphia. Colonel Francis told them the Gover- 
nor was not at Philadelphia, but gone on a long Journey, but that 
he would carry any Message they had to the Governor, and that 
they might not be wholly disappointed, he would give them some 
Provisions, and a little walking-stick, to help them back to their 
Hunting. The Chief then desired Colonel Francis to carry this 
Message, Viz'- : 

" That they would return home and Hunt a while for a few 
Skins to make a pair of Breeches for the Governor, which they 
would bring down to him in the Fall, to have a Talk with him, ac- 
cording to Old Custom, for they now longed to see him, and had 
many things to say." 



PROVINCIAL COUNCIL. 621 

It was therefore found necessary to give them some Flour, &c*' 
and to get them away as well pleased as possible, for the Inhabi- 
tants became apprehensive that they would kill Cattle, or do some 
other Hurt, for want of Provisions, and on account of the Disap- 
pointment in their Journey. 

The Address from the AsscmMy of the 27(h Instant was read, and 
the Governor sent the following Verbal Message to the House hy 
the Secretarf/, in Ansiver thereto. 

" Sir : 

" The Governor commands me to acquaint the House that he will 
issue a Proclamation, to enforce the several Laws for the preserva- 
tion of Fish, &ca., agreeable to their Request of the '27th Instant. 

" September 29th, 1769." 

The Governor then laid before the Board the five following Bills, 
sent up by the House of Assembly for his concurrence, Viz'-: 

"An Act for the support of the Government of this Province; 
and Payment of the Public Debts." 

" An Act for the relief of John Galbreath, a languishing Prisoner 
in the Goal of Chester, with respect to the imprisonment of his 
Person." 

" An Act to continue the act entituled ' An Act to enable the 
Commissioners hereinafter named, to settle the accompts of the 
Managers, and to Sue for and recover from Several Persons such 
Sums of Money as are now due and unpaid on account of a Lottery 
set up and drawn, for erecting a House of Worship at the Town of 
Carlisle, &c'" 

" An Act for the Relief of John Relfe and Abraham Howell, 
Prisoners in the Goal of Philadelphia, with respect to the imprison-, 
ment of their Persons." 

" An Act for raising, by way of Lottery, the Sum of £3543, 15s, 
Od, one Moiety or half part for erecting a Bridge over Conestoga 
Creek, where the Road crosses the same, leading from Philadelphia 
to Lancaster ; and the other Moiety for paving the Streets of Lan- 
caster, the Distance of the first Squares from the Court House." 

The said Bills being read and considered, the Board advised the 
Governor to return the first four to the Assembly with his assent; 
And as the King had lately sent his Royal Instructions to the Gov- 
ernor forbidding the passing any more Bills for raising Money by 
Lottery Bills but on certain Conditions, The Board were of Opinion 
that the present Lottery Bill should be returned, with a Verbal Mes- 
sage refusing his assent thereto, and setting forth the Reasonsfor the 
same, as they were expressed in a Report of a Committee of the 
Privy Council to His Majesty, respecting Lottery'Bills to be passed 
in the Colonies. The following Verbal Message was accordingly 
drawn up at the Table and sent down to the House with the Bill, 
viz'-: 



622 MINUTES OF THE 

A Verbal Message from the Governor to the Assembly. 

"Sir: 

"The Governor returns the Bill entituled 'An Act for raising 
by way of Lottery, the Sum of £3543, 15s, Od, &ca., and commands 
me to inform the House That he has lately been honoured with His 
Majesty's Orders, by advice of the Privy Council, strictly ' enjoin- 
ing him on no pretence whatever, to give his Consent to any future 
Act for raising any Sum or Sums of Money by Lottery, without 
previously writing to know his Majesty's Pleasure therein, and fully 
stating the several Reasons which may appear to him to make the 
passing such Act adviseable,' and that in obedience to this Order, 
he is under the necessity of refusing his assent to this Bill. 

" September 29th, 1769." 



Council Chamber, Saturday, 11 O'clock, A. M., September 30th, 

1769. 

The Governor having yesterday received a Message from the As- 
sembly, requesting him to acquaint the House when he would be 
pleased to pass the Bills he had agreed to, and having appointed the 
present Time for that purpose, sent a Message to the House by the 
Secretary, requiring their Attendance in the Council Chamber, that 
the Bills which had received his Assent might be enacted into Laws. 

The whole House attended accordingly, and the Speaker presented 
to the Governor the four following Bills, which the Governor was 
pleased to pass, and then His Honour signed a Warrant for affixing 
the Great Seal thereto, and appointed Mr. Tilghman and the Secre- 
tary to accompany two Members of Assembly to see them Sealed 
and deposited in the Rolls Office, Viz'- : 

1. "An Act for the Support of the Government of this Province, 
and Payment of the Public Debts." 

2. " An Act for the relief of John Relfe and Abraham Howell, 
Prisoners in the Goal of Philadelphia, with respect to the Imprison- 
ment of their Persons." 

3. " An Act for the relief of John Galbreath, a Prisoner in the 
Goal of Chester, with respect to the Imprisonment of his Person." 

4. " An Act to continue the act entituled ' An Act to enable the 
Commissioners hereinafter named, to settle the Accompts of the 
Managers, and to sue for and recover Several Sums of Money now 
due and unpaid on account of a Lottery set up and drawn for erect- 
ing a House of Worship at the Town of Carlisle, under the Pasto- 
ral Care of the Reverend John Steel." 

The Speaker then presented to the Governor, on behalf of the 
House, an Order on the Treasurer for £500, in part of His 
Honour's Support for the present Year, for which the Governor re~ 
turned the House his Thanks. 



PROVINCIAL COUNCIL. m^ 



At a Council held at Philadelphia, on Thursday 5th October, 
1769. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c*- 

Benjamin Chew, > ^jsanires 
James Tilghman, 5 
The Governor laid before the Board the Returns of Sheriffs and 
Coroners for the Counties of Philadelphia, Chester, Bucks, Lancas- 
ter, Northampton, Berks, and New Castle, which being duly con- 
sidered, the following Persons were appointed and Commissionated 
as the Sheriffs and Coroners for their respective Counties, Viz'- : 

Joseph Redman, Sheriff, | Philadelphia City and 

Caleb Cash, Coroner, J County. 

Jesse Maris, Sheriff, ) rii ^ n i 

T u n-uu T • n ^Chester County. 

Joseph Gibbons, Junior, Coroner, j "^ 

Joseph Ellicott, Sheriff, > ^^^^^ ^ 

James Wallice, Coroner, 5 

James Webb, Junior, Sheriff, ? t ^ r> 

A 1 T* • 1 /"I r xjancaster jl/o. 

Adam Kigirt, Coroner, 3 

John Jennings, Sheriff, 7 -kt li. l t\ 

-ITT-,,. r jr ' ^^ r Northampton Do. 

William Ledlie, Coroner, 3 ^ 

Jacob Shoemaker, Sheriff, / -d 1. -p, 

James Whitehead, Junior, Coroner, 3 

Thomas Duff, Sheriff, ? j^^w Castle Do 

Henry Vining, Coroner. 5 

A Draught of a Proclamation being prepared by Order of the 
Governor, in consequence of the Assembly's Request of the 27th 
Ultimo, for enforcing a due Obedience to certain Laws passed by the 
Legislatures of the Provinces of Pennsylvania, Maryland, and New 
Jersey, for the Preservation of the Fish in the Rivers Delaware, 
Schuylkill, Susquehanna, and the Lehigh, the same was laid before 
the Board read and approved, and ordered to be printed in the Penn- 
sylvania Gazette, Chronicle, and Journal, the three following weeks, 
and 200 loose Copies to be struck off immediately, in order to be dis- 
tributed and fixed up in the most public places in the several Coun- 
ties bordering on those Rivers. 

Four Gentlemen of this city waited on the Governor and presented 
him a Petition signed by a very considerable Number of the Inha- 
bitants of the Counties of Philadelphia and Chester, sotting forth 
that the Public Highway from the city of Philadelphii to Chester 
now in use, leads over no less than fifteen steep and stony Hills of 
very difficult ascent, and is also crooked and far about, which ren- 
ders it very inconvenient to Travellers, but more especially to those 
who Travel with Carriages of all sorts : 



624 MINUTES OF THE 

That a more straight and convenient Road on level Ground, and 
oasy to be maintained, may be opened from the Road leading into 
the Streets of the said City, through the Townships of Moyamen- 
sing and Passyunk on the North, and of Kingsoss, Tinicum, and 
Ridley on the South side of the River Schuylkill, into the present 
Road leading from Philadelphia to Chester, near Crum Creek, by 
which the many rough Ways and Steep Hills which render Travel- 
ling tedious, disagreeable, and dangerous, as well as very difficult 
with Carriages of Burtnen, may be avoided, and a considerable length 
of way saved in the Distance between Philadelphia and Chester : 

And praying that the Governor and Council would be pleased to 
make such Orders as to them shall seem meet for the Viewing, lay- 
ing out, and opening the said Road, in such Manner as shall most 
conduce to the Public Benefit and the relief of the Pititioners. 

The said Petition was immediately laid before the Board and read, 
but as only two Members of Council were present, the consideration 
thereof was deferred to a future Meeting, when a fuller Board should 
be met. 



Friday, the 6th of October, 1769. 

The Returns of the SheriflFs and Coroners for York, Cumberland, 
Kent, and Sussex Counties, being now made, The Governor ap- 
pointed and Commissionated the following Persons as Sheriffs and 
Coroners for their respective Counties, Viz'*: 

George Eickelberger, Sheriff, > ^ork County. 

Joseph Adlum, Coroner, 3 

David Hose, Sheriff, ? p, t, i j -r, 

TiT-ii- 1? ri r Cumberland, Do. 

AViluam Denny, Coroner, ^ ' 

James Wells, Sheriff, ) xr l t» 

T ii c- 1 n ( Kent Do. 

Jonathan hippie, Coroner, 3 

Eoaz Manlove, Sheriff, > ^ j. 

William Chance, Coroner, 3 ' 



At a Council held in the Council Chamber on Saturday the 
14th day of October, 1769. 

PRESENT : 

The Honourable *JOHN PENN, Esquire, Lieutenant Governor, 
'(fee- 
Benjamin Chew, Esquire. 

A committee of the Assembly waited on the Governor yesterday, 
and acquainted him that pursuant to the Charter and Laws of this 
Province a Quorum of the Representatives had met, and having 



PROVINCIAL COUNCIL. 625 

proceeded to chuse their Speaker, desired to know when he would be 
pleased to receive the House, that he might be presented for his 
Honour's approbation. 

The Governor having appointed this forenoon at 11 o'clock for 
that purpose, acquainted the House by the Secretary that he attend- 
ed his appointment in the Council Chamber, and was ready to re- 
ceive the House with their Speaker. 

The whole House waited on the Governor and presented Joseph 
Galloway, Esquire, as their Speaker, who after receiving the Gov- 
ernor's approMtion, claimed the usual Priviledges in the name and 
behalf of the House, viz'-: 

1st. " That the better to discharge the Business of the Public, 
they may at all seasonable Times have free access to the Governor." 

2dly. " That their Persons may be protected from all Arrests and 
Insults during the Time of Priviledge accustomed." 

Srdly. '* That it may please the Governor to take no Notice of 
any Report that may be made touching any Matter or Thing that 
may be moved or debated in the House, until the same shall be 
pass^'d into Resolves, nor give the least Credit to such Reports." 

4thly. " That his own [the Speakers] unwilling mistakes may be 
excused and not imputed to the House." 

These being requested as the Rights and Priviledges of the Free- 
men of Pennsylvania, derived and confirmed to them by the Char- 
ter and Laws of the Province, the Governor was pleased to make 
answer that he thought them inherent in a Representative Body, 
and he should be careful to protect the House therein. 



New-Castle, Monday the 23rd of October, 1769. 

Three Members of Assembly waited on the Governor with a 
Message from the House, acquainting him that they had met on the 
20th of this Month, pursuant to the Charter and Laws of the Gov- 
ernment, and had chosen their Speaker, and requested to know when 
and where they should wait on him in order to present him for his 
Honour's approbation. And the Governor having answered that he 
should be ready to receive the House immediately at His Lodgings, 
they accordingly attended there and presented Mr. Caesar Rodney 
as their Speaker, who after being approved by the Governor, claimed 
the usual Priviledges which were allowed, and then they withdrew. 



Tuesday, the 24th of October. 

A Committee waited on the Governor and acquainted him that 
the House were duly qualified and desired to know if His Honour 
VOL. IX. — 40. 



^26 MINUTES OF THE 

had any Business to lay before them. The Governor answered that 
he h;id none at present. 



At a Council held at New-Castle, on Saturday the 28th of 
October, 1769, 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor. 

Beniamin Chew, ? tt. • 
T rr-i u r Jiisquires, 

James lilghman, 3 ^ 

Two Members of Assembly brought up a Bill for the Governor's 
concurrence, entituled " An Act," &c^' which was read and returned 
to the House with two small amendments. 

The President and Council having, in the absence of the Gover- 
nor, on the 11th of June last, issued a Warrant of Respite for sus- 
pending the Execution of the Sentence of Death awarded against 
Samuel Galloway, of Kent County, who had been convicted of Bur- 
glary, until the 10th day of November next. The Governor, with 
the advice of his Council, and on the Intercession of the Judges 
of the Court of Oyer and Terminer, thought proper to grant the 
said Samuel Galloway a Reprieve during Pleasure. 

The Governor acquainted the Board that Mr. Benjamin Noxon 
and Mr. John Malcolm had been recommended to him as proper 
Persons to be in the Magistracy for the County of New Castle, and 
being approved as such, the Governor directed a new General Cora- 
mission of the Peace to be made out immediately, with their names 
inserted therein. A Commission was accordingly issued this Day, 
appointing the Members of the Council and the following Gentle- 
men Justices of the Peace and of the County Court of Common 
Pleas for the County of New Castle, Viz'- : 

Evan Rice, Thomas M'Kira, 

John Stapler, William Williams, 

Thomas James, Jacob Peterson, 

David Finney, John Evens, 

William Patterson, Thomas Tobin, 

Thomas Coooh, Theodore Maurice, 

William Armstrong, Thomas M'Kean, 

James Lattimer, Benjamin Noxen, 

John Jones, John Malcolm. 

Two Members of Assembly waited on the Governor with the Mid- 

dieborough Marsh Bill, and acquainted His Honour that the House 

had acceded to his Amendments. 

The Bill was then returned to the House, with a Verbal Message 

that he agreed to pass the same into a Law whenever the House 

should present it for that Purpose. 



PROVINCIAL COUNCIL. 6^7 

A Committee of Assembly waited on the Governor and ac- 
quainted him that the House inclined to postpone the remainder of 
their Business till the Spring, and proposed for that purpose to ad- 
journ till the 6th of March next, if that time was agreeable to His 
Honour, but if otherwise, they requested the Governor would be 
pleased to mention some other Time which might be more conve- 
nient to him, and the House would take it into consideration. The 
Governor made answer that their proposed time of Adjournment 
was very agreeable to him. 



Eodem Die, 6 o'clock, P. M. 

A Committee of the Assembly waited on the Governor and re- 
quested to know when and where he would be pleased to receive the 
House in order to Pciss the Bill to which he had given his Assent. 
His Honour having answered that he was ready to receive the House 
immediately, at his Lodgings, they accordingly attended there, and 
the Speaker presented the Middleboi'ough Marsh Bill, which the 
Governor enacted into a Law, and signed a Warrant for affixing the 
Groat Seal thereto, and then directed the Secretary to accompany 
two Members of Assembly to see it Sealed and deposited in the 
Rolls office. 

The Speaker then, in behalf of the House, thanked the Gover- 
nor for his careful attendance on the Business of the Government, 
and delivered to him Orders on the Trustees of the Loan office for 
£200, for which His Honour expressed his thankful Acknowledge- 
ments. 



A.t a Council held at Philadelphia on Wednesday 8th November, 
1769. 



PRESENT : 



The Honourable JOHN PENN, Esquire, Lieutenant Governoiv 
&c. 

William Logan, Lynford Lardner, > ^ 

Joseph Turner, Benjamin Chew, S -^^squires. 

The Petition of the Inhabitants of Philadelphia and Chester 
Counties for a new Road to be laid out from the South side of 
Schuylkill in Kingsess Township, into the present Road leading 
from the City of Philadelphia to Chester, near Crum Creek, was 
again laid before the Board and read, and the same being taken 
into consideration, it is ordered that Joseph Fox, Hugh Roberts, 
Samuel Roads, Daniel Williams, and John Lukins of Philadelphia 
County, and Henry Hale Graham, Joseph Gibbons, Samuel Levia, 



628 MINUTES OF THE 

and John Crosby of Chester County, do view the Gronnds and Lands 
between the South side of Schuylkill near the Province House, and 
that part of the old Provincial Road where the same crosses Crum 
Creek, or thereabouts, and if they, or any six of them, think a new 
Road necessary, and of public utility, that they run out the Courses 
and distances of such a Road as they may judge most convenient 
and useful, and make their Report to the Governor and Council on 
or before the day of next, for their further Considera- 
tion, that they may do therein what shall appear to them most 
conducive to the Public Good, and for the better information of the 
Board, it is also ordered that the said Gentlemen, or any six of 
them, if they think proper to run out such a Road, do annex to their 
Report as particular an account as they can of the low Grounds, 
Marshes or Creeks, over which the same will pass. 

The Governor then laid before the Board the petition of Richard 
Vandyke, and other Inhabitants of the Township of Lower Dublin, 
in the County of Philadelphia, setting forth that the said Richard 
Vandyke is much injured by the King's High way leading from 
Philadelphia to Bristol, which runs altogether through his Land, 
near the Line of John Holme's Land (opposite to the 9 Mile Stone), 
cutting a Triangular Strip therefrom, and thereby putting him 
under the necessity of making and maintaining a double Fence, and 
humbly praying that an order may be issued for viewing the premi- 
ses, and that the Road be laid out and run along the Line dividing 
the said Richard Vandyke's and John Holme's Lands, so that the 
same be made strait. Which being read and considered, it is 
ordered that Jonathan Thomas, the present Overseer of the High- 
way for the said Township of Lower Dublin, together with William 
Parr, Joseph Redman, William Ashbridge and Leonard Shorcross,or 
any four of them, do view the Ground along the Line dividing the 
said Richard Vandyke's and John Holme's Laud, and if they find 
that a good Road may be conveniently made along the said Line, 
without any Disadvantage or extraordinary Espence to the Public, 
that they lay the same out accordingly, so as to accomodate the 
said Richard Vandyke, and make a Return of the Course and Dis- 
tance of such Alteration as may be made in the said Ptoad, into the 
Secretary's Of&ce, within six months from this Date, in order that 
the same may be confirmed by the Governor and Council. 



PROVINCIAL COUNCIL.' 629 



At a Council held at Philadelphia, on Thursday 7th of Decem- 
ber, 1769. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c^- 

"William Logan, Lynford Lardner, 7 g^^j^-gg 

Richard Peters, James Tilghman, 5 

The Governor acquainted the Board that he lately received at 
New- York, by the Packet, from the Honourable Thomas Penn and 
Richard Penn, Esquires, a new Commission under their Hands and 
Seals, dated the 24th of August last, continuing him Lieutenant Gov- 
ernor of this Province and three Counties on Delaware, from the 
first day of this Instant, December, (when his former Commission 
expired), until the first day of December, 1772, as also Copie^of 
His Majesty's Orders in Council, dated the 15th day of September 
last, one declaring His Majesty's approbation of his appointment to 
the Government of the said Province and Counties, and the other 
containing His Royal Orders to the Governor of New-York, or any 
other of His Majesty's Governors in the Neighboring Provinces, 
for administering to him the several oaths required by Law to 
Qualify him for that Trust, and for taking the usual Security for 
his observino; the Acts of Trade and Navigation. His Honour 
further acquainted the Board that, pursuant to the last mentioned 
order, he had waited on the Honourable Cadwallader Colden, His 
Majesty's Lieutenant Governor of New- York, had given the usual 
Security, and taken and subscribed before him at New-York the sev- 
eral oaths required by Law, to qualify himself for the Execution of 
his oifice of Lieutenant Governor of Pennsylvania, and the said 
Counties, a Certificate whereof, under Governor Colden's Hand and 
Seal at Arms, was laid before the Board as were likewise the Com- 
mission and His Majesty's Order aforesaid. 

The Order of Council expressing His Majesty's approbation, and 
Governor Colden's Certificate, were ordered to be entered on the 
3Iinutes of Council, and are as follow, Viz'-; 

At the Court at St. James's, the 15th Day of September, 1769. 

PRESENT : 

[L. S.] " THE KING'S MOST EXCELLENT MAJESTY. 

Duke of Marlborough, Richard Rigby, Esquire, 

Viscount Weymouth, Sir Edward Hawke, 

Viscount Barrington, George Onslow, Esquire. 

" Whereas, His Majesty was pleased by his order in Council 
of the 8th of August, 1706, upon the Representation of Thomas 
Penn and Richard Penn, Esquires, Proprietaries of the Province of 
Pennsylvania and Counties of New-Castle, Kent, and Sussex, on 



680 MINUTES OF THE 

Delaware, in America, to approve of John Penn, Esquire, the 
Nephew of the said Thomas Penn, and Eldest Son of the said 
Richard Penn, to be Deputy Governor of the said Province for the 
Term of three years, to commence from the first day of December, 
1766, and of the said three Counties of New Castle, Kent, and Sus- 
sex, during his Majesty's Royal will and pleasure only, under the 
Provisoes and Conditions therein mentioned : Jincl tvhrreas, the 
said Thomas Penn &, Richard Penn have this Day represented to 
His Majesty at this Board, that they have nominated the 
said John Penn to be Deputy Governor of the said Province and 
Counties, from the first of December, 17G9, (when his present 
Commission expires,) until the first Day of December, 1772, 
and therefore prayed His Majesty's Gracious Allowance and 
Approbation of the said John Penn, to be Deputy or Lieu- 
tenant Governor of the said Province and Counties. His Maj- 
estj^taking the same into Consideration, is hereby pleased to ap- 
prove of the said John Penn to be Deputy Governor of Pennsyl- 
vania, for and during the aforementioned Term of three years, to 
commence from the said first day of December next, and of the 
said three Counties of New Castle, Kent, and Sussex, during His 
Majesty's Royal will and pleasure only ; provided the said Thomas 
and Riehard Penn do make a Declaration, in such manner as hath 
been formerly made, relating to His Majesty's Right to the said 
three Counties, and that the said John Penn do give the usual Se- 
curity for his observing the acts of Trade and Navigation as in the 
like Cases, and Qualify himself for that Trust, as required by Law. 
And in regard the said John Penn is at present in Pennsylva- 
nia, in the Execution of his Office of Governor of the said Province, 
His Majesty is therefore hereby pleased to Order that the said John 
Penn do give the Security above proposed, and likewise qualify 
himself for that Trust, before the Governor or Commander-in-Chief 
of His Majesty's Province of New York, for the Time being, or 
any other of His Majesty's Governor's of the neighbouring Pro- 
vinces; And His Majesty doth hereby further order that the Lords 
Commissioners for Trade and Plantations, do prepare and lay before 
His Majesty at this Board, a Draught of such Instructions as have 
been usually given by His Majesty to the said Proprietaries on the 
like Occasions. 

"STEPH. COTTRELL." 

Here follows Governor Colden's Certificate : 

"[7y. aS'.] Cadioallander Cohhn, Esquire, His Majesty's Lieuteim)tt 
Governor and Commander-in-Chief of the Province of New 
York, and the Territorii's di'peiiding th'^reon in America : 

" To all to whom these Presents shall come, Greeting : 

"Ida hereby Ccr tifu i\nd make known that, on the Day of the 

Da.te of these Presents, John Penn, Esquire, Deputy Governor of 



PROVINCIAL COUNCIL. 631 

the Province of Pennsylvania and Counties of New Castle, Kent, 
and Sussex, on Delaware, Personally came before me, and pursuant 
to His Majesty's Order in Council of the 15th Day of September 
last, took and subscribed the Oaths required by Law to be taken^ 
and the Abjuration Oath mentioned in the Act of Parliament, made 
in the sixth Year of His Majesty's Reign, and also took an oath 
for the faithful Execution of his Office, and for the due observ- 
ance of all the Acts of Trade and Navigation hei'etofore passed 
and now in force, relating to His Majesty's Colonies and Planta- 
tions, according to the true Intent and meaning thereof, so far as 
appertains unto him the said John Penn, Esquire, as Deputj 
Governor and Commander-in-Chief of the said Province and 
Counties. 

" And I do further Certify that the said John Penn, Esquire, 
hath given bond to His Majesty, with good and sufficient Security,, 
in the Penalty of two thousand Pounds Sterling, for his observing 
the said several Acts of Trade and Navigation, and obeying such 
Instructions relating thereto as shall be from time to time sent 
from His Majesty, or any acting under his Majesty's Authority, 
which Bond remains in my Hands, to be Transmitted to the Right 
Honourable the Lords Commissioners for Trade and Plantations • 
coraformablc to His Majesty's Royal Commands, signifiei in His 
order of Council above mentioned. 

" In Testimony whereof I have hereunto set my Hand and Seal-at- 
Arms, at Fort George, in the city of New York, the thirtieth 
day of November, in the year of our Lord one thous^and seven 
hundred and sixty-nine, and in the tenth year of the Reign of 
Sovereign Lord George the third, King of Great Britain, &"• 

'- CADWALLADER COLDEN, 

The Governor then, attended by his Council, the Mayor, Re- 
corder, and Commonality of this City, (Who had Notice given them 
to attend on this occasion), and preceded b}^ the Sheriif and His 
officers, went in Procession to the Court House, where the Commis- 
sion and the Order of Council declaring His Majesty's Approbation, 
were read b}'' the Secretary, in the Presence of a Concouise of Peo- 
ple. 



At a Council held at Philadelphia, on Friday the 22d of Decem- 
ber, 1769. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

James Hamilton, Richard Peters, ) -^ • „„ 

T m-i 1 > Esquires. 

James lilghman, j ^ 

The Governor laid before the Board a Transcript of a Record of 
the Conviction of Cornelius Donnahy, for Felony and Murder, bj 



632 MINUTES OF THE 

which it appeared that at a Court of Oyer and Terminer and Gen- 
eral Goal Delivery, held ,at Carlisle for the County of Cumberland^ 
on the 29th of November last, before John Lawrence and Thomas 
Willing, Esquires, two of the Justices of the Supream Court of the 
Province of Pennsylvania and of the said Court of Oyer and Ter- 
miner, the said Cornelius Donnahy was tried and Convicted of a 
Felony and Murder committed on the Body of a certain William 
King, and received Sentence of Death for tlie same. 

The Board took this matter into consideration, and it appearing 
by the Report of the Judges to the Governor, that the said Corne- 
lius Donnahy is an Atrocious Murderer, and deserves no Compas- 
sion, were of Opinion that the Sentence of the said Court should 
be put in Execution against him. The Governor accordingly signed 
a Warrant for the Execution of the said Cornelius Donnahy, at 
Carlisle, on Saturday the loth Day of January next. 

Mr. Hamilton acquainted the Board that in the Year 1750 he 
had received several Reports of the Slitting Mills, Plating Forges 
and Steel Furnaces, v/ithin this Province, made to him by the Sher- 
iffs of Philadelphia, Bucks, Chester, aad Lancaster Counties, pur- 
suant to his Proclamation which ho had issued the same Year, re- 
quiring them so to do, and that he had Transmitted a Certificate 
thereof to the Lords of Trade, agreeable to the Act of Parliament, 
but that as they had by some Mistake been omitted to be entered 
in the Council Books, he now laid them before the Governor and 
Council for that Purpose. The Board accordingly directed the 
Secretary to enter them on the Minutes of Council, and they are 
as follow, Viz'- : 

" In Obedience to the Commands of the Honourable James Ham- 
ilton, Esquire, Lieutenant Governor and Commander-in-Chief of 
the Province of Pennsylvania, &c^' by a Proclamation of the Six- 
teenth day of August last past, under the Governor's hand and the 
great Seal of the said Province, requiring and commanding the 
Sheriff of every County in the said Province, respectively, on or 
before the twenty-first Day of September Instant, to appear before 
him at the City of Philadelphia, and then and there by Writings 
under their Hands and Seals, to Certify and make known to him 
every Mill or Engine for Slitting and Rolling of Iron, every Plating 
Forge for working with a Tilt hammer, and every Furnace for 
making of Steel, which were erected within their respective Coun- 
ties on the twenty-fourth day of June last past, and the Place and 
Places were the same were erected, with the Name of their Reputed 
Proprietor or Proprietors, and the Occupiers of them, and every of 
them, and whether they or any of them were used on the twenty- 
fourth day of June or not, as they and each of them will answer 
the Contrary at their Peril. I do humbly Certify that William 
Branson, of the City of Philadelphia, is Owner and Occupier of a 
Furnace for the making of Steel, erected within the City of Phila- 
delphia, which was in use on or before the 24th day of June last 



PROVINCIAL COUNCIL. 633 

past. And that Stephen Paschall, of the said City, is Owner and 
Occupier of a Furnace for the making of Steel, erected within the 
City of Piiiladelphia aforesaid, which was in use on or before the 
24th day of June hist. And that John Hall, of the County of 
Philadelphia, is owner of a plating Forge to work with a Tilt Ham- 
mer, erected in the Township of Biburry, in the County aforesaid, 
which Forge is at present much Impaired and Decayed, and has not 
been in use for twelve Months past. 

" The above contains a true account of all the Mills, Engines, 
Forges, and Furnaces within my Bailiwick. 

" Witness my Hand and Seal in Philadelphia, the Sixteenth day 
of September, in the twenty-fourth Year of his Majesty's Reign, 
Anno. 1750. 

"RICHARD SEWELL, Sheriff. [^L. S.'] 

"Philadelphia County." 



To the Honourable JAMES HA3IILT0N^ Esquire, Lieutenaiit 
Governor of the Province of Pennsylvania. 

" May it please the Governor : 

" As I am a Proprietor of a Furnace for making Steel, in Obe- 
dience to your Honour's Proclamation, I present the Condition 
thereof as follows : 

" It was built in the Year 1747, on a Lot the North ^yest Cor- 
ner of Wallnut Street, and the Eighth Street of Delaware Front, in 
the City of Philadelphia, in the Province of Pennsylvania. It had 
been worked at, and was in good Working Order on the 24th day 
of June, one thousand seven hundred and fifty. There being then on 
the Spot, Wood, Coal, Iron, the converting Ingredients, and other 
Articles proper for making Steel. 

" The Property is absolutel}' in Me, as I am ready to produce my 
Deed for the Ground, and the Testimony of the Workman who 
erected it for me. 

"STEPHEN PASCHALL. 

" September 18th, 1750." 



" Lewis Evans, of the City of Philadelphia, a Gentleman, on his 
Solemn Oath on the Holy Evangelists, doth declare. That about two 
or three Years ago he was in the building commonly called Stephen 
Paschall's Steel Furnace, near Wallnut Street, in Philadelphia, 
where be saw the Furnace with Fire therein, and a man tending the 
Fire, with whom he had some discourse as about how long the Batch, 
or Fire had been in, and some other Things about Steel, wherewith 
he supposed the Furnace then charged; That, tho' he had not then 



634 MINUTES OF THE 

an Opportunity to look so much into the Furnace as to see the Iron, 
he made no doubt but they were then converting Iron into Steel, 
as he was previously informed by the said Paschall of his design of 
erecting a Steel Furnace, and did soon after enquire, aud was in- 
formed by him of his Success therein, which the Deponent was the 
more curious to know, as he thought it the first attempt of the said 
Paschall to make Steel in the large Way; And the Deponent 
further declares, that from the said Time to the 24th of June, 1750, 
and until this Day, the said Building, with the Furnace therein, was 
standing as a Furnace for making Steel, and not for any other use; 
And further this Deponent saith not. 

''LEWIS EVANS. 
"Philadelphia, September 20th, 1750." 



^^Jacoh Shoemaker, of the City of Philadelphia, Spinning Wheel 
Maker, one of the People called Quakers, on his Solemn Affirma- 
tion doth declare that, in the Year 1747, he was well acquainted 
with Stephen Paschall's erecting a Steel Furnace near the North 
side of Wallnut Street, in the said City, and hath seen Fire burn- 
ing therein, and blistered Iron drawn out thereof, proved and found 
to be Steel ; Aud the said Affirmant further declares, that the said 
Steel Works, Furnace, or Oven, has been, to his Knowledge, stand- 
ing from that Time to this Day. 

"JACOB SHOEMAKER. 

"Philadelphia, September 20th, 1750/' 



" Thomas Shoemalcer, of the City of Philadelphia, Carpenter, 
one of the People called Quakers, on his Solemn Affirmation doth 
declare. That in 1747 he erected the Building or House inclosing 
the Steel Furnace of Stepen Paschall, near the North West Corner 
of Walnut aud the eighth Streets, in the said City; That he hath 
several Times seen Fire burning therein, and a Proof Barr brought 
for trial of the Steel made therein, and blistered Iron, said to be 
Steel, brought out thereof; and that to his Knowledge, the said 
Furnace or Oven hath been Standing for making Steel, and no 
other use, from that time to this Day. 

" THOMAS SHOEMAKER. 

" Philadelphia, September 20th, 1750." 



" Be it hnoion, that before me, Thomas Lawrence, Esquire, Mayor 
of the City of Philadelphia, Lewis Evans, Jacob Shoemaker, and 
Thomas Shoemaker, Persons of Good Credit, and worthy of Belief, 



PROVINCIAL COUNCIL. 635 

who were respectively sworn and affirmed to the above Affidavits; 
As Witness my Hand and Seal this 20th of September, 1750. 

"THOMAS LAWRENCE, Mayor, [i. S^" 



*'To the EonourahJe JAMES HAMILTON, Esqnire, Lieufenant 
Governor of the Province of Pennsylvania, and Counties of New- 
astle, Kent, and Sussex, on Delaware. 

" I, Joseph Hart, High Sheriff of the County of Bucks, in the 
said Province, in Obedience to your Honour's Proclamation, dated 
the 16th day of August last past, do humbly certify and make 
known to your Honour, that after diligent enquiry by me made 
throughout my Bailywick, I find there are no Mills or Engines for 
Slitting and Rolling of Iron, or Plateing Forge to work with a Tilt 
Hammer, or Furnace for making of Steel, which were erected within 
the County of Bucks aforesaid, on the '24th day of June last, or at 
any time since, to my Knowledge ; all which is humbly submitted 
to your Honour. 

"Given under my Hand and Seal at Newtown, in the County of 
Bucks, the twentieth day of September, in the Year of our Lord 
one thousand seven hundred and fifty, and in the twenty-fourth 
Year of His Majesty's Reign. 

''JOSEPH HART, Sheriff. [L. Sy 



*< To thr Honourable JAMES HAMILTON, Esquire, Lieuten- 
ant Governor and Commander-in-Chief of the Province of Penn- 
sylvania, and Counties of New Castle, Kent, and Sussex, on 
Delaware. 

" I, John Owen, Sheriff of the County of Chester, in the said 
Province, do certify and make known, That there is but one Mill 
or Eogino for Slitting and rolling cf Iron within the County afore- 
said, which is situate in Thornbury Township, and was erected in 
the Year one thousand seven hundred and forty-six, by John Tay- 
lor, the present proprietor thereof, who, with his Servants and Work- 
men, has ever since, until the twenty-fourth day of June last, used 
and occupied the same. And I do hereby further Certify that there 
is not any Plating Forge to work with a Tilt-Hammer, nor any Fur- 
nace for making of Steel, within the said County of Chester. 

'' In \yitness whereof, I have hereunto set my Hand and Seal, this 
eighteenth Day of September, in the Year of our Lord one thou- 
sand seven Hundred and fifty. 

''JOHN OWEN, Sheriff. [X. Sy 



636 MINUTES OF THE 

" To the Honourable the Governor of Pennsylvania : 
" May it please the Governor : 

<' On receipt of your Honour's Proclamation relating to slitting 
Mills, &"■' I immediately published it and made it my Business to 
enquire whether there were within this County any such mills as 
are there described ; and on the strictest enquiry, 1 do hereby Cer- 
tify to your Honour, that there is not within the County of Lancas- 
ter any Mill or Engine for Slitting and Rolling of Iron, or any 
plating Forge to work with a Tilt-Hammer, or Furnace for making 
of Steel. 

" Witness my Hand and Seal, this third Day of September, in 
the Year one thousand seven hundred and fifty. 

"ANDREW WORK, Sheriff. [L. SJ' 



MEMORANDUM. 

The Governor, while he was at New Castle in June last, re- 
ceived a Letter from the Earl of Hillsborough, one of His Maj- 
esty's principal Secretaries of State, dated the 24th of JIarch last, 
inclosing two Orders of Council respecting the passing of several 
Laws of this Province, in September 1767, and February 1768, 
which having been omitted to be entered in their proper place, are 
as follows, Viz' : 

(No. 19.) 

"Whitehall, March 24th, 1769. 
"Sir: 

" Inclosed I send you an Order of His Majesty in Council, on 
the sixth Instant, approving several Laws of Pennsylvania, passed 
in the Months of September 1767, and February 1768 ; and also 
another Order of His Majesty in Council on the same day, approv- 
ing a Report made upon these and other Laws of Pennsylvania, by 
the Lords of the Committee, in which Report, as recited in the 
Order, you will see their Lordships' Observations upon two Laws, 
concerning the propriety of which some doubts had occurred ; and 
I am, pursuant to the said Order, to signify to you that the Law 
therein referred to for raising Money by Lottery, is suffered to re- 
main in force from no other consideration but that of its having 
been in part carried into Execution, and that as His Majesty does 
.entirely disapprove of any Laws being passed in the Colonies for 
raising Money by Lottery, it is therefore His Majesty's Pleasure 
that you do not, upon any pretence whatever, give your Consent 
to any future Act of that Nature, without having previously received 
His Majesty's Royal Permission for that purpose, upon a full rep- 



PROVINCIAL COUNCIL. 687 

resentation made to His Majesty of the reason and Necessity for 
enacting such Law. 

*' I am with great Regard, Sir, 

" Your most obedient Humble Servant, 

"HILLSBOROUGH. 
" Deputy Governor Penn." 



At the Court at St. James', the 6th Day of March, 1769. 

PRESENT : 

[L. S.l THE KING'S MOST EXCELLENT MAJESTY. 
Lord President, Viscount Weymouth, 

Duke of Queensberry, Viscount Falmouth, 

Earl of Dembigh, Viscount Barrington, 

Earl of Sandwich, Richard Rigby, Esquire. 

Earl of Rochford. 

Whereas, there was this Day read at the Board a Report from 
the Right Honourable the Lords of the Committee of Council for 
Plantation Afiairs, dated the 18th day of last Month, in the words 
following, Viz'- : 

" Your Majesty having beSi pleased by your order in Council of 
the 23rd day of November last, to refer unto this Committee twelve 
Acts passed in the Province of Pennsylvania, in September 1767, 
and February 1768, entituled as follows," Viz*- : 

N"- 1. " An Act to enable the Managers of the Contributions for 
the Relief and Employment of the Poor in the City of Philadel- 
phia, to borrow the further Sum of three thousand Pounds." — Passed 
26th September, 1767. 

N"- 2. "An Act for obliging Sheriffs and Treasurers of the sev- 
eral Counties within this Province, and the Collector of the Duties 
on Tonnage, to give sufficient Sureties for the faithful Execution of 
their Trust."— Passed 26th September, 1767. 

3. " An Act for the support of the Government of this Province, 
and Payment of the Public Debts. — Passed Do. 

4. " An Act to remove the Persons now settled, and to prevent 
others from settling, on any Lands in this Province not; purchased 
by the Indians." — Passed the third of February, 1768. 

5. " An Act for raising and applying the Sum of three thousand 
Pounds towards removing the present discontent of the Indians, re- 
gaining their Friendship, and for other purposes therein men- 
tioned." — Passed 17th February, 1768. 

6. " An Act to continue An Act entituled ' An Act for laying a 
Duty on Negroes and Mulatto Slaves imported into this Province,' " 
And another Act entituled " a Supplement to An Act entituled 
' An Act for laying a Duty on Negroes and Mulatto Slaves imported 
into this Province.' " — Passed 20th February, 1768. 



638 MINUTES OF THE 

7. " An Act to amend the Act entituled ' An Act for the better 
Employment, Relief, and support of the Poor within the City of 
Philadelphia, the District of Southwark, the Township of Moya- 
mensing and Passyunk, and the Northern Liberties.' " — Passed Do. 

8. "An Act for appropriating a Sum of Money for building the 
Middle House on the West side of the Barracks, in the Northern 
Liberties of the City of Philadelphia." — Passed Do. 

9. "An Act for incorporating the Society known by the Name 
and Stile of the Philadelphia Contributionship for the insuring of 
Houses from Loss by Fire; to ratify and confirm the Articles of 
Agreement of the Contributors, and to enable them to make suit- 
able Bye-Laws for the better Management and Prosecution of their 
said design." — Passed Do. 

10. " An Act to enable the Owners and Possessors of a certain 
Tract of Marsh and Meadow Land therein described, situate in the 
County of Chester, to keep the Banks, Dams, Sluices and Flood- 
Gates in Repair, and to raise a Fund to defray the Expence there- 
of." — Passed Do. 

11. "An Act for regulating the Fishery in the Biver Brandy- 
wine." — Passed Do. 

12. "An Act for raising by way of Lottery, the Sum of five 
thousand two hundred and fifty p(^nds for purchasing a public 
Landing in the Northern Liberties, and paving the Streets of Phil- 
adelphia." — Passed Do. 

" The Lords of the Committee, in obedience to your Majesty's 
said Order of Eeference, did on the 16th of Deceml)er last, take the 
said Acts into their Consideration, and thought proper to refer the 
same to the Lord's Commissioners for Trade and Plantations, who 
have reported thereupon to this Committee : 

"That the above twelve Acts passed in the Province of Pennsyl- 
vania, had been enacted for purposes of Domestic Economy and 
Convenience, and from such opinion as they were able to form upon 
the Matter, it did not appear to them that any of the above num- 
ber were liable to objection in point of Law, and they have no ob- 
servations whatsoever to submit respecting either the principles up- 
on which they have been framed, or the Begulations which they 
make, except in the two following cases. 

" That the first of these respects the Act for raising a certain 
Sum of Money by Lottery, That this Method of establishing Pro- 
vincial Lotteries, and raising Money thereby for Domestic purposes 
and Improvements, has been frequently practiced, and Acts of As- 
sembly for that purpose have been allowed. Nevertheless, altho' 
the application of the sum proposed to be raised by the Lottery 
projected in the said Act, did appear to be directed to purposes evi- 
dently commodious and beneficial, they could not omit observing 
that this is a practice which in their opinion ought by no means to 
be encouraged, as obviously tending to disengage and mislead Ad- 
venturers therein from Industry and Attention to their proper 



PROVINCIAL COUNCIL. 630 

Callings and Occupations, and introduce a Spirit of Dissipation pre- 
judicial to the Fortunes of Individuals, and the Interests of the 
Public. 

" That the other observation submitted respects the Act for Reg- 
ulating the Fishery in the River Brandy wine: 

" That this Act is for laying open the Fishery of the above River 
to all Persons inhabiting the Country adjacent thereto, under cer- 
tain Restrictions; Prohibiting under severe Penalties all Persons 
from niukiiig and erecting any Dams or obstructions, or fixing any 
Nets across the Stream of the said River, vphereby the Fish may be 
obstructed from going up the same. By this and other Prohibi- 
tions contained in this Act, it is obvious that the Rights of private 
Persons ciainiing exclusive property on the said River may be af- 
fected. That it does not however appear from any Information 
they had received that any of your Majesty's Subjects had suiFered 
under this supposed Predicament, nor were they apprized of any 
Applications or Complaints whatever having been made relative to 
the above Regulations, either in the Province at or before the Time 
of passing the above Act, or since' its Transmission hither; they 
therefore submit it to. this Committee to give such advice to Your 
Majesty touching the Confirmation or Repeal of this Law as shall 
be thought fit. ^ 

" The Lords of the Committee upon Consideration thereof, do 
agree humltly to Report to your Majesty as their Opinion, that as 
to the Ten first mentioned Acts, their Lordships have no Objection 
to your Majesty's signifying your Royal Approbation and Confir- 
mation of them That as to the Act (iS^o. 11), entituled " An Act 
for regulating the Fishery in the River Brandywine," their Lord- 
ships are of Opinion the same should be suffered to remain in force, 
in regard no Application has at any Time been made against the 
said Act, whereby it might have appeared that any of your Majesty's 
Subjects w<mld sufi"er by it. And with respect to the Act (No. P2), 
entituled " An Act for raising by way of Lottery the Sum of five 
thousand two hundred and fifty pounds, for purchasing a public 
Landing in the Northern Liberties, and paving the Streets of the 
City of Philadelphia," their Lordships are of Opinion that the same 
should likewise be suffered to remain in force, in regard it may 
already have proceeded to have effect in part, but that it may be 
adviseable for your Majesty to order the Earl of Hillsborough, one 
of your Miijesty's Principal Secretaries of State, to write to the 
Lieutenant Governor of the Province of Pennsylvania, acquainting 
him with tlie above Reason why the said Act is suffered to remain 
in force, and further signifying your Majesty's Total Disapprobation 
of any Acts of that Nature, as highly improper in any of the Pro- 
vincial Settlements, and therefore, strictly enjoining the said Lieu- 
tenant Governor, on no pretence whatever to give his Consent to 
any future Act for raising any sura or sums of Money by way of 
Lottery without previously writing home to know your Majesty's 



640 MINUTES OF THE 

pleasure therein, and fully stating the several Reasons which may 
appear to him to make the passing such act adviseable. 

His Majesty taking the said Report into Consideration, was 
pleased with the advice of his Privy Council to approve of what is 
therein proposed, and accordingly to signify his Royal Approbation 
of the Ten iirst mentioned Acts, and as to the eleventh and twelfth 
of the said Acts, for regulating the Fishery in the River Brandy- 
wine, and for raising the Sum of five thousand two hundred and 
fifty pounds by way of Lottery, His Majesty is graciously pleased 
to permit the said Acts to remain in force, and doth hereby Order 
that the Right Honourable the Earl of Hillsborough, one of his 
Majesty's Principal Secretaries of State, do write to the Lieuten- 
ant Governor of the Province of Pennsylvania, acquainting him 
with the Reason which has induced His Majesty to permit the said 
last mentioned Act to remain in Force, and further signifying His 
Majesty's total Disapprobation of any Acts of that Nature, as highly 
improper in any of the provincial Settlements ; And therefore, 
strictly enjoining the said Lieutenant Governor, on no pretence 
whatever to give his Consent to any future Act for raising any 
future Sum or Sums c^f Money by way of Lottery, without previ- 
ously Writing to know his Majesty's pleasure therein, and fully 
stating the several Reasons which may appear to him to make the 
passing such act adviseable. 

"W.BLAIR." 



At the Court of St. James's, the 6th day of March, 1769. 

[L. S] present: 

THE KING'S MOST EXCELLENT MAJESTY. 

Lord President, Viscount Weymouth, 

Duke of Queensberry, Viscount Falmouth, 

Earl of Denbigh, Viscount Barrington, 

Earl of Sandwick, Richard Rigby, Esquire. 

Earl of Rochford, 

Whereas, in pursuance of the Powers granted to the Proprie- 
taries of the Province of Pensilvania, by Letters patent under the 
Great Seal, the Deputy Governor, Council and Assembly of the 
said Province, did in the Months of September 1767, and February 
1768, pass ten Acts, which have been Transmitted, and are entituled 
as follow, viz'- : 

" An Act to enable the Managers of the Contributions for the 
Relief and Employment of the Poor in the City of Philadelphia, 
to borrow the further Sum of three thousand Pounds." — Passed 
the 26th of September, 1767. 

" An Act for obliging Sheriffs and Treasurers of the several 
Counties within this Province, and the Collector of the Duties on 



f PROVINCIAL COUNCIL. 64 L 

Tonnage, to give sufficient sureties for the faithful Execution of 
their Trust." — Passed Ditto. 

" An Act for the support of the Government of this Province 
and payment of the Public Debts." — Passed Ditto. 

"An Act to remove the Persons now settled and to prevent 
others from settling on any Lands in this province not purchased 
of the Indians " — Passed the 3rd of February, 1768. 

" An Act for raising and applying the sum of three thousand 
pounds toward removing the present discontent of the Indians, re- 
gaining their Friendship, and for other purposes therein mentioned." 
Passed the 17th of February, 17GS. 

"An Act to discontinue An Act entituled ' An Act for laying a 
Duty on Negroes and Mulatto Slaves imported into this Province ;' 
and another Act entituled 'a Supplement to An Act entituled An 
Act for laying a Duty on Negroes and Mulatto Slaves imported 
into this Province '"—Passed the 20th February, 1708. 

" An Act to amend the Act intituled ' An Act for the better Em- 
ployment, Relief and Support of the Poor within the City of 
Philadelphia, the District of Southwark, the Townships of Moya- 
mensing, and Passyunk and the Northern Liberties," — Passed 
Ditto. 

"An Act for appropriating a Sum of Money for building th'? 
Middle House on the West side of the Barracks in the Northern 
Liberties of the City of Philadelphia." — Passed Ditto. 

" An Act for incorporating the Society known by the Name and 
Stile of the Philadelphia Contributionship, for the insuring of 
Houses from Loss by Fire, to ratify and confirm the Articles of 
Agreement of the Contributors, and to enable them to make suita- 
ble Bye Laws for the better Blanagement and prosecution of their 
said Design." — Passed Ditto. 

" An Act to enable the owners and possessors of a certain Tract 
of Marsh and Meadow Land therein described, situate in the Coun- 
ty of Chester, to keep the Banks, Dams, Sluices and Flood Gates 
in repair, and to raise a Fund to defray the Expence thereof." — 
Passed Ditto. 

" His Majesty this day took the said Acts into Cdiisideration, 
and having received the opinion of the Lords Commissioners for 
Trade and Plantations, and also of a Committee of rhe Lords of 
His Majesty's most Honourable Privy Council, thereupDO, is herebj 
pleased to declare his Approbation of the said Acts; And pursuant 
to His Royal pleasure thereupon expressed, the said Act.s are hereby 
confirmed, finally enacted, and ratified accordingly ; Whereof the 
Deputy Governor, Council and Assembly of the said I'lovince, and 
all others whom it may concern, are to take Notice and govern 
themselves accordingly. 

"W.BLAIR" 

VOL. IX. — 41. 



642 MINUTES OF THE « 

Tuesday the 2d of January, 1770. 

MEMORANDUM. 

Two Members of Assembly waited on the Governor, and ac- 
quainted him that the House had met pursuant to their adjourn- 
ment, and requested to know if His Honour had any Business to 
ky before them; to which the Governor replied, that he had 
nothing af present to lay before them, but that as soon as he had, 
he should communicate the same to the House. 



At a Council held at Philadelphia, on Tuesday the 9th of Jan- 
uary, 1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c='- 

William Logan, Benjamin Chew, ") 

Richard Peters, James Tilghman, > Esquires. 

Lynford Lardner, ) 

The Governor laid before the Board a Letter from Sir Henry 
Moore, late Governor of New York, dated the 11th of June, 1769, 
inclosing a Copy of the Regulations proposed to be made by the 
Assembly of that Province respecting the Indain Trade, and re- 
commended to the consideration of the Legislature of this Province 
and Quebec, which were read, and are as follow, Viz'- : 

"Fort George, June 11th, 1769. 
"Sir: 

"The inclosed Paper is a copy of the Regulations -which the 
House of Assembly of this Province proposed to make in regard to 
the Indian Trade, provided the Provinces of Canada and Pennsyl- 
vania shall approve of the same, and concur with them in passing 
guch Laws as will be necessary to carry the Plan into Execution. 

" I have been desired by the House of Assembly to transmit 
their Proposal to the Governors of Canada and Pennsylvania, and 
at the same Time to request that the Sentiments of the Legisla- 
tures of those Provinces might be had on a Subject of so much im- 
portance. 

" I have the Honour to be, 

"with great Truth and Regard, Sir, 

" Your Escelleny's most Obedient and Humble Servant, 

"H. MOORE. 
" His Excellency John Penn, Esquire." 

Here follows the Proposals, Viz'- : 

" That this Colony impose a Duty of one Shilling Currency per 
Gallon on all Rum or distilled Liquor sold at Niagara, and three 



PEO^^NCIAL COUNCIL. "SI'S 

■jper cent, on all dry G-oods sold at Niagara and Detroit; That the 
Colonies of Pennsylvania and Quebec do tLe like. 

<■' That the Duties arisi~ng on all (jroods sold at eitlier of the 
ubove places, be applied for supporting the Trade there, in such 
SEaaner as sliall be directed by Acts of this Colony. 

"That the Colony of Quebec impose a Duty of • on 

all Rum or Distilled Liquor sold at Carrilon, and a Duty of 

per Cent, on all dry Goods sold at Carrilon, Missilimackinack, and 
any other Post where there is a Garrison, 

•*' That the Colonies ef Pennsjdvania, and New York .pass a 
like Act, 

" That the Duties arising on all Goods sold at either of tke 
above places, or such other Post where there is a Garrison, be ap- 
plied lo'" supporting the Trade there, in such manner as shall be 
directed by the Colony of Quebec. 

"That the Colony of Pennsylvania impose a Duty af per 

•Gallon on all Rum or other Distilled Liquors sold at Pittsburgh, 
and a Duty of per Cent, on all dry Goods sold at Pitts- 
burgh, lUisois, or any ether place or Post v:here there is a, Gar- 
dson. 

" That the Colonies of Quebec aud New YorTr pass a like Act. 

^'That the Duties arising on all Goods sold at either of the 
above places, or any other place or post where there is a Garrison., 
be applied for supporting the Trade there, in such manner as shall 
foe directed by the Colony of Pennsylvania. 

"That an Act be passed by each of the three mentioned Cclo- 
uies to prohibit Rum being carried any farther than Niagara, 
Pittslaurgh, and "Carrilon (except a certain allowance to the Traders 
•and their Servants for their own use). That the Acts provide for 
one iir more Commissioners in each of said Colonies, with whom ail 
Traders shall «nter their Goods, and give Security for paying the 
Duties; That such Commissioners or Commissioner, in th>3 Colony 
ef New York, sliall Transmit all the Duties he receives from Tra- 
cers going to Trade at any of the Posts under the Direction of 
Pennsylvania or Qaehec, to the Commissioner or Commissioners of 
itue said Colonies. 

''That the CGmmissioners of Canada and Pennsylvaaia -do the 
like with respect to New York and to each other." 

The Board taking this matter into Consideration, were of opinion 
that the Letter, with its inclosure, should be laid before the Assem- 
bly, and the matters therein contained enforced by a Message to 
the House, which Mr. Chew and Mr. Tilghman were appointed tc 
draw up. 

It is agreed that a proclamation be issued for the Continuance af 
all Magistrates, and other Officers in the province and lower Coun- 
ties, till the Governor's further pleasure be made known, whicfct 
was immediately prepared and is as follows, Yiz'-; 



M4 MINUTES OF THE" 

" \B^ the Honourahle J03N FENN, Esquire, Lieutenant ^o^fc- 
ennorand Commander-in-Chief of ffie Provinee of Pennsylvania;^ 
&nd Co<imties of New Castle, Kent, and Sussex, 07i Delaware : 

"A FROCLAMATION. 

" Whereas, The Honourable Tboiaas Pean, asd Eicliard PeaS; 
Esquires, true and absolute proprietaries and Oovernors ia Claief 
of ttie ??o-/ince of Piennsjlvania, and Counties of New Castles- 
Kent, and Sussex, on Bela-s^are, have been pleased, bj their Gona- 
aais&ion, under their Hands and Seals, bearing Bate the twenty- 
Ibm-th day of August last, to constitute and re-appoint me to be 
iheir Lie'jtenant Governor of the said Province and Countieo, with 
all necessary powers and Autl^ority fo? the :^ell governing of the 
same, which said Appointment the King's most ezcellent Majesty, 
in a Council held at St. James's' the fifteenth Day of September 
last past, wag graciously pleased to allow and approve of : There- 
fore, in pursuance of the said Trust in zne reposed, having a special 
Jlegard to the safety of the State and Government of the said Pro- 
vince and Counties, and to prevent Failures in the administration of 
Justice therein, I have, by and with the Advice of the Council' 
of the said Province and Counties, thought fit to Ordain, and do 
kereby Ordain aad declare, that all Orders and CoEnnissio,ns what- 
soever relating to the GovGrnm,ent of the said Province and Coun- 
ties, heretofore lawfully and rightfully is-suad, which were in force- 
on the thirty-first day of October last, shall be, continue, and remain 
in' fall Porse, power, and Virtue, according to their respective Ten- 
ors,, until my further pleasure sball be knxjwa therein ; aad that alB 
Persona whatsoever, who on the thirty-first day of October last,, 
held or enjoyed any office of Trust or profit in the said Province' 
and Coantiea, by Virtue of any sugh Commission as aforesaid, shall 
continue to hold and enjoy the same until they shall be determined 
by me, as aforesaid, or by other sufficient Authority ; And I do 
hereby further command and require all Magistrates, Officers, and 
Gomnvissioners, v/hatsoever, in whom any public Trust is repoaed 
In the Government of the said province a.Dd Counties, that thej 
diligently proceed in the Performance and discharge of their re- 
spective Duties therein^for the safety, peacC;. a-nd well being of the- 
same. 

*' Given -under ray Hand & the Great Seal of the said Province,, 
at Philadelphia, the ninth day of January, in the tenth Year of 
the Reign- of our Sovereign Lord George the third of Great 
Britain, France, aad Ireland, King, Defender of the Faith, and 
so foiith, and in the Yea? of our iiord one thousand seven huiir- 
dred and Seventy. 

" JOHN PENK. 
"By His Honour's Command, 

" Joseph Seippen, Jun"- Secretary. 

"GOD SAVE. THE KING."* 



!PROYmCIAL COUNCTL. m% 

A Member of Coiincil then represented to tte Board fhat ceve- 
cal of the Magistrates named in the last Commission of the peace 
■for Kent County are Dead, and others had refused to Qualify ; it 
^as therefore thought neceesary t© issue a new Commission for that 
■County, and to add thereto the names of the five following persons, 
who were recommended as well qualified to be in the Magistracy, 
viz'-: Thomas Rodney, Warner Mifflin, James Boyer, Thomas Han- 
son and Jonathan Emerson, and the Secretary was directed to make 
out a Commission accordingly. 

It is agreed that the Council meet every Monday morning at 10 
o'clock, daring the Winter Session of Assemblyj for the more regu- 
lar ZMd. sjpesdy diepatch of Business. 



At a CoTdEel 'held at Philadelphia, an MoBday tte ISth of 
-January, 1770. 

FEE SENT : 

The Monourable JOHN PENN, EB<|uire, Lieutenant GoverEorj 

William Log&n, Benjamin ^Chew, \ ^ 

Richard Pefcsrs, James Tilgham, j "^ ' ! 

Mt, Cbew and Mr. Tilghmaa laid hefore the Board a Draft of a 
Message to the Assembly, vrhich was read, and being approved, or- 
dered to be transcribed and carried to the House this afternoon., 
with the several papers thereia referred to: the Message follows in. 
'these words, viz'- 

^i Mes^eige from Uie Governor to tke Asserizhlff^ 

*' G-entilemoa : 

" I have ordered the Secretary to lay. before you a Letter I re- 
flceived from Sir Henry Moore, deceased, late C-overnor of New ITorL, 
inclosiEg a Plan framed by the Assembly of that Province for reg- 
■ulating the Indian Trade, which thej/' propoee to carry into Execu- 
tion, provided the Legislatures of this province and Canada approve 
the same, and will concur with them in passing Laws for that pur- 
pose. This Regulation I apprehend, was framed in Consequence of 
the Earl of Riilsborough's Letter of the 15th of April, 1768, to 
"the several G-overnors, inclosing a Report of the Lords of Trade upon 
Indian Affairs, and his Majesty's declaration thereon, to transfer the 
jKanagement of those matters from, the Superintends,nts to the Leg- 
islatures of the several Colonies, which I laid before the Assemblj 
in my Message of the 16th of January, 17C9, and to which I refer 
■you. It was late in Session before I had it in my power to lay them 
before that Assembly, which I conclude was the Reason they did 
Eot then take any Steps towards answering the Royd Expectation. 
I have since that time received from his EEcelleccj. Major Greaeral 



m6> WINVTES OF THE" 

©age, Coairaander m Chief in America, two- Letters upon tBe same 
Subject, the one dated the 24th March, 1769, & the other the 
16th April, 1769, which I have also ordei-ed io be laid before jou^ 
by which you will perceive that Sir William. Johnsoa, His Majes- 
ty's Superintendant for the Northern District, in pursuance of His 
Majesty's Commands, has found himself under a necessity of dis- 
charging the Commissaries and other offices by him appointed in 
posts ami Forts in the interior Country ; so that the India^n Tjjade 
at present remains entirely without Regulation,, for w&nt of proper 
Officers to superintend it. 

" I am persuaded, Gentleaien, I need not labour to convince you 
of the Importance of this Object,, noc how necessary it i& fx)ir the 
Welfare of the Province to cultivate a pacific and friendly disposi- 
tion in the Indians towards us ; nor can I doubt but that You must 
be thoroughly sensible that proper Regulations of our Trade with 
them', ia order to prcTent Impositions on them,, must be the most 
likely means of preserving a good Understanding with them; Indeed;, 
the present interruption of Commerce between this Province and 
the Mother Country, has, in a gi-eat measure,, put a stop to- our 
Trade wiiih the Natives, and^ may be productive of very anfavourable. 
Ala>rms and Apprehensions on their side,,, unless some Steps be ta- 
ken- by the Legislature to restore the Trade. 

" Another Source of Indian Distua-bance is, the makitig-of Settle- 
meats, marking Trees,, and Surveying, upon their unpurchased 
lands; audas a general Boundary has lately been Settled between' 
those People and his Majesty's Subjects, it will be vary proper, in my 
Opinion, to secure a d,ue regard, to it by Laws to restrain a-ndpuaisb 
sach offensive Proceedings. 

" I flatter myself, Gentlemen, that you will at once see the Im- 
portance of the laatter.? I hav3 touched apon, and that You will 
iake them into Your immediate and most serious Consideration, and 
proceed to the framing of Laws adequate to the Evils isteaded to^ 
be remedied, ia which you may be assui-ed ef my hearty Concur- 
rence. 

"JOHN PENN. 

" January 15, 1770.."' 

The Governor laid before the Ebari two Bills seni up by the As- 
sembly for hia Concurrence,. entituled as follows, Yiz':. 

1. " AnActforthesaleof Goods distrained for Rent^.and tO' sec'drS' 
su-ch Goods to the persons distraining the sa-me, fur the better seeu- 
rity of R^nts^ and. to. prevent Frauds- and abu-sea committ^ed by 
Tenants." 

2. " An Act for pu-ni&hing wicked and evil disposed Fersoae going 
armed in Disguise, and doing Injuines and Violences to the Persons' 
and Properties of His Majesty's Subjects within this Provin-ce, and 
for the more speedy bringing the Offenders to Justice." Both 
wiijch were read an.d. considered, and several Amendments' being 



PROVINCIAL COUNCIL. * 647 

aaade to them were ordered to be returned to the Assembly with the 
same. 

The Secretary having by the Governor's Directions prepared a 
Proclamation, offering a Reward of fifty pounds for apprehending 
and pi-osecuting to Conviction Joseph Billings, who is charged 
with Counterfeiting the Bills of Credit of this Province, The same 
was laid before the Board, agreed to, and ordered to be published in- 
the several News-Papers. The Proclamation was immediately issued, 
and follows iu these Words, Viz'-: 

" Bt/ the Ilonourahle JOHN PEAW, Esquire, Lieutenant Gov- 
ernor and Commander-in-Chief of the Province of Pennsi/lvania, 
and Counties of Newcastle, Kent, and Sussex, on Delaware. 

" A PROCLAMATION. 

"Whereas, I have received Information from the Chief Justice, 
that a certain Joseph Billings stands charged before him with 
feloniously forging and counterfeiting the Bills of Credit of this 
Province, and passing the same, to the great Injury and Deceit of 
His Majesty's liege Subjects. And whereas, the Endeavours hith- 
erto used for apprehending the said Billings have been ineffectual, 
and it is highly expedient for the Discouragement of such pernicious 
and villainous Crimes, that the said Joseph Billings should be 
brought to exemplary punishment. I have therefore thought fit, 
with the advice of the Council, to issue this my Proclamauon, here- 
by promising and engaging to pay the Public Reward of Fifty 
Pounds to any Person or Persons who shall discover, apprehend and 
secure the said Joseph Billings, so that he be prosecuted to Con- 
A'iction. His person is very remarkable, being six feet five inches 
high, long necked and raw Boned ; he is about fifty years of Age, 
and a Silver Smith or "Watch-maker by Trade, but often passes by 
the name of Doctor Billings. He has formerly been committed to 
several Prisons in this and the neighboring Provinces, for practices 
of the same kind. And I do hereby strictly charge and enjoin all 
Judges, Justices, Sheriffs, Constables, Officers Civil and Military, 
and all other His Majesty's faithful and liege Subjects within this 
Government, to make diligent search and Enquiry after the said 
Joseph Billings, and to use all possible means to apprehend and se- 
cure him in one of the Public Goals of this Province, that he may 
be proceeded against according to Law. 
"Given under my Hand and the Great Seal of the said Province, at 

Philadelphia, the fifteenth day of January, in the Year of our 

Lord one thousand seven hundred and seventy, and in the tenth 

Year of His Majesty's Reign. 

"JOHN PENN. 

^'By His Honour's Command, y 

"Joseph feiiiPPEN, Junior, Secretary. 

"GOD SAVE THE KING." 



648 MINUTES OF THE 

Several Indians lately come to Town from Diahogo, on the Sus- 
quehanna, a few Days ago represented to the Governor their Pov- 
erty and distressed Situation for want of Cloathing, and Petitioned 
him for Relief. The Board advised the Governor to recommend it 
to the Assembly to supply their wants, and also to make Provision 
for defraying such like Indian Expences in future. 

His Honour therefore sent to the House the following Verbal 
Message by the Secretary, Viz'-: 

A Verbal Message from the Governor to the Assembly . 
'' Sir : 

" The Governor commands me to acquaint the House that sev- 
eral poor Indians are come to Town from the Upper Parts of Sus- 
quehanna, to petition for some Cloathes and Necessaries, of which 
they are almost destitute. His Honour therefore requests the 
House will order their present Wants to be supplied; and as such 
occasions frequently occur, that they will also provide a Fund for 
any future Expences of the same kind. 

"January 15th, 1770." 



At a Council held at Philadelphia, on Monday the 22d of Jan- 
uary, 1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

he 

Bichard Peters, Benjamin Chew, | ^ ^j^^g. 

Lyniord Lardner, j ^ 

One of the Members of Council acquainted the Governor that 
a Negro Man was confined in the Goal of Chester County, for an 
iittempt of a Rape, and that there was no Commission in Force for 
Trying him. His Honour therefore, with the Advice of the Coun- 
cil, issued a commission appointing William Parker and Richard 
Reily, Esquires, Justices for holding Courts in that County for 
the Trial of Negroes, accordiag to Law. 



At a Council held at Philadelphia, on Tuesday the 30th of 
January, 1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&"• 

William Logan, Benjamin Chew, > Es(.uij,eg^ 

Hichard Peters, James Tilghman, 5 

The Governor laid before the Board a Bill sent up last Week by 
the Assembly for his Concurrence, entituled " An Act for Striking 



PROVINCIAL COUNCIL. 649 

the Sum of £120,000 in Bills of Credit, to be emitted on Loan, and 
providing a circulating Medium of Commerce and Industry within 
this Province," which was read and Considered, and ordered to be 
returned to the Assembly, with the following Amendments, Viz'-: 

Amendments, Viz'- : 

1st. Page 4, Line 5th. After the name [Samuel Preston Moore] 
add the Words [Amos Strettell and]. 

2d. Same Pa. Line 6. Dele the Words [and John Wilkinson]. 

3. Page 5, Lines 4, 5, 6. Dele the Words [This Bill shall be 
accepted by the Trustees of the General Loan OfRce, in all Debts 
and Demands due to the Province for the Sum of,] and instead 

thereof insert as follows. Viz'- [This Indented Bill of 

when paid to the Trustees of the General Loan office, shall be a 
Discharge on any Mortgage or Bond made to the said Trustees of 
the like Sum of ]. 

4th. Page 12, Line 6 &c'-' Dele from the word [Trustees] in the 
sixth Line, to the Word [in] in the tenth Line, and instead thereof 
insert as follows. Viz'-: [hereinbefore appointed or hereafter to be 
appointed, during the Continuance of this Act, another fit person 
or persons shall be nominated and appointed by the Governor and 
Assembly of this Province, unless such Death shall happen at a 
Time when there may be no Lieutenant Governor appointed to this 
Province, in which Case another fit person or persons shall be ap- 
pointed by the Assembly, and not otherwise]. 

5th. Page 14, Line 10. After the W^ord [Province] add the 
words [two or more sufficient Sureties, such as the Governor shall 
approve of]. 

6. Page 17, Line 4. After the word [well] add the word [as]. 

7. Same .page, Line 5. Dele the Words [of the Titles]. 

8. Page 31, Line 11. After^the Word [the] insert the words 
[Governor and]. 

9. Page 33, Line 10. After the word [the] insert the words 
[Governor and]. 

10. Page 34, Line 1. Dele the words [hereof or]. 

11. Same page, Line 2. Dele the words [heretofore taken or]. 

12. page 38, Lines 8 & 9. After the word [Practice] insert the 
following Clause, Viz'-: [Provided, nevertheless, and it is hereby 
declared, that nothing in this act contained shall extend, or be con- 
strued to make the Bills of Credit hereby directed to be emitted, 
a legal Tender in payment of any Bargains, Contracts, Debts, Dues, 
or Demands, Whatsoever]. 

13. Same page, Line 13. Dele the words [made current] and 
insert the words [directed to be emitted.] 

January 30th, 1770. 

Then was also read and considered A Bill which was sent up by 
the House for the Governor's Concurrence, entituled " An Act for 



650 MINUTES OF THE 

ineorporting the Society formed for the Relief of Poor, Aged, and 
Infirm Masters of Ships, their Widows and Children," to which the 
two following Amendments were made, and ordered to be returned 
to the House with the Bill, Viz'- : 

1st. Page 10, Line 12. After the Word [Meeting], insert the 
Words [and shall also be approved of by the Chief Justice, the 
Speaker of the Assembly, and the Attorney General of this Pro- 
vince for the Time being, under their Hands and Seals]. 

2ond. Page 11, Lines 5 & 6. Dele the Words [and that the said 
Election shall be held on the said first Monday, January]. 



At a Council held at Philadelphia, on Monday the 5th of Febru- 
ary, 1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c'- 

William Logan, Richard Peters, ") 

Lynford Lardner, Benjamin Chew, V Esquires. 

James Tilghman, J 

The Governor laid before the Board a Bill sent up by the Assem- 
bly for his Concurrence, entituled " An A.ct to prevent any Person 
from being chosen a Member of Assembly for any City or County 
within this Province, except he be a Resident in such City or County, 
and to enable the Inhabitants of the Counties of Berks and North- 
ampton to chuse two Representatives for each of the said Counties," 
which was read and considered, and ordered to be returned to the 
Assembly with the following Amendments, Viz'- : 

Amendment 1st. Dele from the Word [Act] in the first Line of 
the Title, to the Word [to] in the sixth Line. 

2ond. Dele from the Word [Whereas] inclusive, in the Ante 
penult Line of page 1, to the Word [Assembly] inclusive, in the 
9th Line of Page 2. • 

3rd. Dele from the Word [that] inclusive, in the 4th Line of 
Page 3, to the Word [aforesaid] inclusive, in the 8th Line of 
Page 4. 

February 5th, 1770. 

The Governor then laid before the Board two other Bills which 
he received from the Assembly, entituled " An Act for preventing 
Frauds and Abuses in Gold and Silver Wares made and sold in this 
Province," and *< An Act for erecting a public Market Place on Cal- 
lowhills, in the Northern Liberties of the City of Philadelphia, and 
for other pufposes therein mentioned," both which were read and 
considered, and the Secretary directed to return them to the House, 
with a Message that the Governor could not agree to pass them into 
Laws. 



i 



PROVINCIAL COUNCIL. 651 



At a Council held at Philadelphia, on Friday the 9th of Febraary, 
1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gov- 
ernor, <fcc'- 

William Logan, Benjamin Chew, ? t^^ • 

Richard Peters, James Tilghman, 5 "" 

The Secretary presented to the Board a Petition from sundry In- 
habitants of this Province, setting forth, " That on a late view of 
the Country, it has been found that a good Waggon Road may be 
easily made at a Moderate Expence, from Fort Augusta to Ellis 
Hughes's Saw Mill, on the navigable part of Schuylkill, about 30 
Miles above Reading, there being few Obstructions in the Way from 
Mountains or Creeks, and the Distance not above forty, or at most, 
forty-five Miles. That the opening so good a Communication by 
Land from the Junction of the East and West Branches of Susque- 
hanna to Schuylkill, will aiford the most advantageous Route for 
carrying on a Trade with the Northern and Western Indians, and 
likewise be the means of bringing all the, Produce of the rich Lands 
lying on and near those extensive and Navigable Waters, at a cheap 
Rate, to the City of Philadelphia, thereby greatly conducing to en- 
hance the Value of those Lands, encourage the Settlement and 
improvement of the back Country, and promote the Commercial In- 
terest of the City and Province, and therefore praying the Grovernor 
and Council to appoint proper Commissioners to View the Grounds, 
and lay out a Public Road from Schuylkill aforesaid, near the said 
Ellis Hughes's Saw-Mill to Fort Augusta, and to advise and Order 
measures to be taken for opening and clearing the same " 

The Board taking the said Petition into Consideration, and being 
of Opinion that such a Road will be of great Public Utility, It is 
Ordered that George Webb, Esquire, Jonathan Lodge, Henry Mil- 
ler, Henry Shoemaker, John Webb, Isaac Willets, and Job Hughes, 
or any four of them, do View and lay out a Road from Schuylkill, 
near the said Ellis Hughes's Saw Mill, in the most convenient and di- 
rect Courses, through tlie County of Berks to Fort Augusta, and to 
make a Return of the Courses and Distances, with a Draught of the 
same, into the Provincial Secretary's OiEce, with all convenient 
Speed, in Order to be confirmed by the Governor and Council, if the 
same shall be approved. 

The Governor then laid before the Board an Answer which he 
received last Week from the Assembly, to his Amendments to the 
Bill for Striking £120,000 in Bills of Credit, to be emitted on Loan, 
together with the Bill sent up therewith, Viz'-. 



652 MINUTES OF THE 

Answer to the Governor's Amendments to the Bill entituled " ,^n 
Act for Striking the Sum, of one hundred and twenty thousand 
Pounds in Bills of Credit, to he emitted on Loan, &ca." 

Amendments 1st & 2d. The House agree to leave out the Name 
f John Wilkinson], and instead of inserting the Words [Amos Stret- 
tell] propose Philip Sjng as a Trustee. 

Amendment 3d. [Referring to Page the third, but supposed to 
foe intended for Page the fifth] ; agreed to by the House. 

Amendment 4th. The House adhere to the Bill. 

Amendment 5th. Agreed to by the House. 

Amendment 6th. Agreed to bj the House. 

Amendment 7th. Agreed to by the House. 

Amendment 8th. Agreed to by the House, 

Amendment 9th. Agreed to by the House. 

Amendment 10th. Agreed to by the House. 

Amendment 11th. Agreed to by the House. 

Amendment 12th. The House adhere to the Bill. j 

Amendment 13th. Agreed to by the House. 
February 1st, 1770. 

The Board taking the said Answer into Consideration, prepared 
the following Reply thereto, which the Secretary was directed to 
carry to the House with the Bill, Viz'-: 

Amendment 1st & 2nd. The Governor adheres to his Amend- 
ments. 

Amendment 4th. The Governor adheres to his Amendment. 

Amendment 12th. The Governor consents to Wave this Amend- 
ment, provided the Assembly will agree to the following additional 
Amendments, which he proposes in the Title and Preamble of the 
Bill. 

Dele the Words [and providing a Circulating Medium of Com- 
merce and Industry] in the Title of the Bill. 

Dele the whole Preamble of the Bill, and insert instead thereof 
as follows, To Wit : 

Whereas, through the Scarcity of Gold and Silver within this 
Province, occasioned by the frequent Remittances thereof to Great 
Britain, in discharge of the Debts continually accruing by the Im- 
portation of Merchandize and Manufactures from thence, and by the 
constant sinking of the Bills of Credit emitted during the late War, 
and granted to His Majesty for the Protection of His American 
Dominions, The Improvement and Population of this Province is 
greatly obstructed, and the Government deprived of the means 
of paying its just Debts and supporting its Credit and Honour. 

For the remedying of which Mischiefs, , 

The Governor having again received the Bill for preventing any 
Person being chosen a Member of Assembly, for any City or County, 
except be he a Resident, &c^' with a Verbal Message from the As- 



PROVINCIAL COUNCIL. 653 

sembly, that the House adhered to the Bill, the Board agreed, and 
ordered that the Bill be returned to the House, with a Message ac- 
quainting them that the Governor adhered to his Amendments. 



At a Council held at Philadelphia on Monday the 12th of Feb- 
ruary, 1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &ca. 

William Logan, Benjamin Chew, ) -^ 

Richard Peters, James Tilghman, j " 

The Governor laid before the Board a Bill sent up by the As- 
sembly for his Concurrence, entituled " An Act for opening and 
better amending and keeping in Repair the Public Roads and High- 
ways within this Province,', which was read and considered and or- 
dered to be returned to the Assembly, with the following Amend- 
ments, viz'- : 

Amendment 1st, Page 3, Line 1. Instead of [quallified] say 
[qualified]. 

Amendment 2d, Page 3, Line 8. After the word [Highways] in- 
sert the words [except in the Township of the North tu Liberties, 
where three or four Supervisors shall be chosen, in manner afore- 
said]. 

Amendment od. Page 7, Line 3. After the word [Levies] insert 
as follows, viz'- : 

[Provided, also, that the Proprietary and Governor's proper Es- 
tate shall not be liable to be Rated or Assessed by Virtue of this 
Act]. 

The Governor also laid before the Board two other Bills sent up 
by the Assembly for Concurrence, entituled : 

1. "A Supplement to the Act entituled 'An Act to enable the 
Owners and Possessors of a certain Tract of Marsh and Meadow 
Land therein described, situate in the County of Chester, to keep 
the Banks, Dams, Sluices, and Flood Gates in repair, and to raise 
a Fund to defray the Expence thereof;' " & 

2. " An Act for the better Confirmation of the Estates of Persons 
holding or claiming under Feme Coverts, and for establishing a 
mode by which Husband and Wife may hereafter convey their 
Estates,'^ which were read and referred to further Consideration. 



654 MINUTES OF THE 



At a Council held at Philadelphia, on Wednesday the 14th of 
February, 1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governorj 

William Logan, Benjamin Chew, > -p, 

Richard Peters, JamesTilghmau, 5 

The Board resumed the Consideration of the Bill for the better 
Confirmation of the Estates of Persons holding or claiming under 
Feme Coverts, &c^' and ordered the same to be returned to the As- 
sembly, with the following Amendments, Viz'': 

Amendment 1st. Page 1, Line 10. Instead of [^Some], say 
[many.3 

Amendment 2end. page 1, last Line. After the word j^peace]], 
add the Words [or a Justice of the County Court of Common 
Pleas, or before one of the Judges of the Supream Court]. 

Amendment 3rd. Same page & Line. Dele the Words [ti Part], 
and insert the Word [apart]. 

Amendment 4th. page 3, Antepenult Line. Instead of [Feof- 
ment], say [Feoffment]. 

Amendment 5th. Page 4, Line 5. Instead of [Feofments], say 
[Feoffments]. 

Amendment 6th. Pape 5. Dele the Words [their Estates], in 
the 3d & 4th Linea, and insert the Words [the Estate of the 
Wife]. 

Amendment 7. Same page, Line 6 & 7. Dele the Words [their 
Estates or the Estate of either of them], and instead thereof in- 
sert the Words [the Estate of the Wife or her Right]. 

Amendment 8th. Same page. Line 12, Instead of [Feofment], 
say [Feoffment]. 

February 14th, 1770. 

The Board also reconsidered the Supplementary Bill for enabling 
the owners, ifec"' of a Tract of Marsh and Meadow Land therein 
described, in the County of Chester, to keep the Banks, &c'-' in 
Repair, &c*-' to which the following Amendment was made, and 
ordered to be carried to the House with the Bill, Viz'- : 

Page 5, Line 4. After the Word [shall], insert the words [if they 
approve thereof]. 

Two Members of Assembly waited on the Governor, and again pre- 
sented the Bill foropeningandbetter amending and keeping in Repair 
the public Roads, &c*' with the following Auswar to the Grovernor's 
Amendments, Viz'' 

Ameiidment 1st. Agreed to by the House. 
Amendment 2d. The House adhere to the Bill. 



PROVINCIAL COUNCIL. 655 

Amendment 3d. The House adhere to the Bill, and propose to 
insert in Page 6, Line Bd, after the Word [unimproved], the words 
[and the Proprietary Quit Rents], 
February 14th, 1770. 

The Board taking the same into Consideration, the following Re- 
ply was agreed to, and ordered to be carried to the House with the 
Bill, Viz'- : 

Amendment 2d. The Governor waves his Amendment. 

Amendment 3d. The Governor adheres to his Amendment. 

One of the Members of Council having acquainted the Gover- 
nor that a Commission for holding Courts for the Tryal of Negroes 
was wanted for the County of Kent, His Honour directed the Sec- 
retary to jnake out a Commission appointing Charles Ridgely and 
Fenwick Fisher, Esquires, Justices for holding the said Courts 
according to Law. 



At a Council held at Philadelphia, on Tuesdav 20th February, 
1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c"- 

William Logan, Benjamin Chew, } ^^ ; 

Richard Peters, James Tilghman, ^ » 1 ^ • • 

The Governor laid before the Board the two following Bills 
sent up by the Assembly for his Concurrence, which being read 
and considered, were approved, and ordered to be returned to the 
Assembly with the Governor's Assent, Viz'- 

" A Supplement to the Act entituled ' a Supplement to the Act 
entituled An Act for taking Lands in Execution for the Pay- 
ment of Debts, and for confirming partitions in several Instances 
heretofore made.' " 

" A Supplement to the Act entituled ' An Act for Bailing Priso- 
ners and about Imprisonment.' " 

The Governor having then laid before the Board a Letter from 
the Honourable Cadwallader Colden, Esquire, Lieutenant Governor 
of New York, inclosing a copy of a Law passed in that Province ap- 
pointing Commissioners for fixing on a Plan for the Regulation of 
the Indian Trade ; which being road, the Governor, by the advice 
of the Council, directed the Secretary to lay them before the As- 
sembly, with the following Verbal Message ; the said Letter is as 
follows, viz'- : 



656 MINUTES OF THE 

" New York, 6th February, 1770. 
"Sir: 

*' The Legislature of this Province, conceiving it impracticable 
without the Concurrence of other Colonies, to establish any plan for 
the Regulation of the Indian Trade, that might eifectually answer 
His Majesty's Intentions, in coramiiting the Care of this important 
object to the respective Legislatures, did in their last Session, pass 
a Law for appointing Commissioners to meet with those of the 
neighbouring Colonies to fix on a general Plan for this Purpose. 
A Measure so essential to the Interest of the several Colonies con- 
cerned in this beneficial Commerce, will, I trust, be chearfuUy come 
into by all, and if adopted by your Province, I hope you will en- 
deavor to render its Utility as extensive as possible by recommend- 
ing it to the Governments of Virginia and Maryland. I shall lose 
one Time in communicating the Proposal to the Governor of Que- 
bec, and in giving you the earliest Intelligence of the resolution of 
that Government, and until the meeting of the Commissioners takes 
place, shall be glad to co-operate with you in promoting the success 
of a measure with which the prosperity and Tranquility of both 
Provinces are so intimately connected. 
" I have the Honour to be Sir, 

" Your most Obedient 

" humble Servant, 
" CADWALLADER GOLDEN. 
" The Honourable Governor Penn." 

Here follows the "Verbal Message, viz'- : 

.^ Verbal Message fr 0771 the Governor to the Assemhly. 

"Sir: 

"The Governor commands me to lay before the House for their 
Consideration, a Letter which he lately received from Governor 
Colden, with a Copy of a Law passed in New York, appointing 
Commissioners for fixing on a plan for the Regulation of the In- 
dian Trade ; and recommends it to the House to frame a similar 
Law on the part of this province. 
" February 20th, 1770." 

Newaleka, a Delaware Chief, with his Family and several other 
Indians having lately come to Town from the Susquehanna, on a 
friendly visit to the Governor, the Council advised His Honour to 
make them a small present on their return [lome ; whereupon the 
Governor sent the following Message to the Assembly, viz'- : 

A Message from the Governor to the Assemhly. 

" Gentlemen : 

" A few Days ago came to Town Newaleka, one of the Delaware 
Chiefs, with a number of his Indians, in Order to pay a friendly 



PROVINCIAL COUNCIL. 657 

Visit to this Governiuent. As he is a Person of Distinction and 
Influence among the Indians, and has on all occasions shewn him- 
self a Friend to the English, and never was in Town before, I 
think it might be prudent to secure his Attachment to our Interest 
by making him a small present, which I should be glad you would 
enable me to do. 

" JOHN PENN. 
" February 20th, 1770." 

The Governor laid before the Board a Petition from divers in- 
habitants of Lancaster County, setting forth That the Great Road 
leading from Lancaster to Philadelphia, is very inconvenient for 
the back Inhabitants, by reason of its being laid out in many places 
on bad Ground, and is very difficult to be kept in tolerable order, on 
account of the number of Carriages passing and repassing thereon, 
and it is also very crooked. 

That a very good Road may be found and laid out from the 
Middle Ferry on Schuylkill to the sign of the ship in Chester 
County, and will be five miles shorter than the Old Road, and to 
continue from thence up or near the Road called the Gap Road, as 
far as the Village of Strasburg, within eight miles of Lancaster, 
to which a good Road may be made from thence, and that such a 
Road, together with the one now used, will be of great Utility to ^ 
the Trade of Philadelphia, and to the back Inhabitants, by render- 
ing Carriage more safe and easy, and therefore praying the Appoint- 
ment of proper persons to view and lay out the same, in the best 
Manner the Ground will admit of, for the Public Benefit. 

The Board taking the said Petition into Consideration, are of 
opinion that such a Road is now become very necessary, and will 
be of great Utility to the Commercial Interest of the Province. 
It is therefore ordercJ, that Joseph Fox, Jacob Lewis and Daniel 
Williams, of Philadelphia County ; John Hannum, John Morton 
and John Sellers, of Chester County ; and James Webb, Moses 
Branton and James Gibbons, of Lancaster County, or any six of 
them, do view and lay out a public Road or King's High- Way, in 
the most convenient and direct Courses, to the sign of the ship in 
Chester County, and from thence along or near the Old Gap Road 
as far as the Village of Strasburg, in the County of Lancaster, and 
to make a return of the Courses and Distances, with a Draft of the 
said Road, into the Provincial Secretary's Office, within six Months, 
in order to be confirmed by the Governor and Council, if they shall 
approve of the same. 



VOL. IX, — 42, 



658 MINUTES OF THE 



At a Council held at Philadelphia, on Friday the 23d of Feb- 
ruary, 1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, Acq- 



uires. 



William Logan, , Benjamin Chew, > p, 

James Tilghman, 5 

The Governor laid before the Board four Bills sent up by the 
Assembly for his concurrence, entituled as follows, viz'- : 

1. "An Act for repairing the High-way between Franckfort Bridge 
and the Bridge over Franckfort Mill Race." 

2. " An Act to enable the owners of Meadow Land on both sides of 
Gunner's Creek, to construct, maintain and keep up a Dam and 
Sluices, and to raise a Fund to defray, the Expence thereof." 

3. " An Act for the Relief of the languishing Prisoners in the 
Goals of the several Counties within this Province, with respect to the 
Imprisonment of their Persons." 

4. "An Act for appointing Commissioners to meet with Commis- 
sioners who are, or may be appointed by the Legislatures of the 
neighboring Colonies, to form and agree on a General Plan for the 
Hegulation of the Indian Trade." 

• Which being read and considered, were ordered to be returned 
to the House with a few small Amendments made to the two last 
mentioned Bills, and a Verbal Message by the Secretary, that the 
Governor gave his Assent to the other two. 



Eodem Die, P. M. 

Two Members of Assembly waited on the Governor with a Mes- 
sage, acquainting him that the House proposed to adjourn to-Mor- 
row, till the 14th of May, if the Governor had no objection thereto, 
and requested the Governor to appoint two Members of Council to 
join two of the Assembly, to compare the Bills which had been 
agreed to with their engrossed Copies, and also to appoint a Time 
for passing them. The Governor answered that he had no objec- 
tion to their proposed Adjournment, and said he should be ready to 
pass the Laws at 11 o' Clock to-Morrow, and in the mean Time 
would appoint a Member of Council and the Secretary to collate 
the Bills. 



Council Chamber, Saturday 24th of February, 1770, 12 o'Clock, 

A. M. 

The several engrossed Bills being compared with their Originals 
and found to agree, The Governor sent the Secretary with a Mes- 



PROVINCIAL COUNCIL. 

•sage to the Assembly, requiring their Attendance, that he might 
enact into Laws the several Bills which had received his assent. 

The whole House attended accordingly, and the Speaker presented 
to the Governor the eleven following Bills, which he was pleased to 
enact into Laws, and signed a Warrant for aifixing the Great Seal 
to them, which being done, the Laws were afterwards deposited in 
the Rolls Office, Via*^: 

1. " An Act to enable the owners of Meadow Lands on both sides 
of Gunner's Creek to construct, maintain, and keep up a Dam and 
Sluices, and to raise a Fund to defray the Expence thereof." 

2. *' An Act for repairing the Highway between Franckfort 
Bridge and the Bridge over Franckfort Mill Race." 

3. " A Supplement to the Act entituled ' A Supplement to the 
Act entituled An Act for taking Lands in Execution for the Pay- 
ment of Debts, and for confirming Partitions in several Instances 
heretofore made.' " 

4. " An Act for the better confirmation of the Estates of persons 
holding or claiming under Feme Coverts, and for establishing a 
Mode by which Husband and Wife may hereafter convey their Es- 
tates." 

5. '' A Supplement to the Act entituled ' An Act to enable the 
Owners and Possessors of a certain 'I'ract of Marsh and Meadow 
Land therein described, situate in the County of Chester, to keep 
the Banks, Dams, Sluices and Flood Gates in repair, and to raise a 
Fund to defray the Expence thereof.' " 

6. " An Act for the Sale of Goods distrained for Rent, and to 
secure such Goods to the Persons distraining the same for the bet- 
ter Security of Rents, and to prevent Frauds and Abuses committed 
by Tenants." 

7. "An Act for appointing Commissioners to meet with Com- 
missioners who are or may be appointed by the Legislatures of the 
several Colonies, to form and agree on a General Plan for the Regu- 
lation of the Indian Trade." 

8. " An Act for incorporating the Society formed for the Relief 
of Poor, Aged and Infirm Masters of Ships, their Widows and 
Children." 

9. "A Supplement to the Act entituled ^ An Act for bailing 
Prisoners and About Imprisonment.' " 

10. "An Act for the Relief of the languishing Prisoners in the 
Goals of the several Counties within this Province, with respect to 
the Imprisonment of their Persons." 

11. " An Act for punishing W^icked and evil Disposed Persons 
going armed in Disguise, and doing Injuries and Violences to the 
Persons and Properties of His Majesty's Subjects within this Pro- 
vince, and for the more speedy bringing the Offenders to Justice." 



I 



660 MINUTES OF THE 

At a Council held at Philadelphia, on Saturday the 3d of Marchy 

1770. 

PRESENT : 

The Honourable* JOHN PENN, Esquire, Lieutenant Grovernor, 

ate*- 

William Logan, Benjamin Chew, > Eg^^ireg 

Kichard Peters, James Tilghman, 5 

The Board having under consideration the present State of the 
Intrusions and Settlements made by the Connecticut People on the 
Proprietary Lands within this Province, were of Opinion that if two 
Prudent and fit Persons, living in the North part of Northampton 
County, were immediately vested with the Authority of Magistrates^ 
it would greatly conduce to the Preservation of the Peace, and bet- 
ter Execution of the Orders of Grovernment from time to time, in 
defeating the measures of those People, and checking the Progress 
of their Scheme of Settlement on the Lands at Wyoming and on 
Delaware. The Governor, therefore, on the Kecommendation of 
the Members of Council present, issued two special Commissions, 
appointing Garret Brodhead and John Vancampen, Esquires, Jus- 
tices of the Court of Quarter Sessions of the Peace and of the 
County Court of Common Pleas for the County of Northampton., 



New Castle, Thursday the 15th of March, 1770. 

The Governor having wrote to the Speaker of the Assembly of 
the Government of the lower Counties, that his Business would not 
conveniently permit him to attend the House for several Days after 
the Time to which they stood adjourned. Viz'': the 6th Instant, and 
having received a Letter from the Speaker, signifying that the Bu- 
siness of the House did not require his Attendance till Yesterday, 
His Honour attended at this place accordingly, and this Morning 
sent a Verbal Message to the House, with the Papers therein re- 
ferred to. The said Verbal Message is as follows, Viz*- : 

" Sir : 

" The Governor commands me to lay before the House a Letter he 
lately received from the Governor of New York, with a Copy of a 
Law passed in that Province, for appointing Commissioners to meet 
those who may be appointed by the neighbouring Colonies, to fix on 
a Plan for the Regulation of the Indian Trade; and also a printed 
Copy of a Law passed by the Legislature of Pennsylvania for the 
same Purpose. His Honour conceiving it expedient that this Gov- 
ernment should co-operate with the other Colonies in promoting » 
Design so essential to their general Prosperity, recommends it to 



PROVINCIAL COUNCIL. 661 

House to frame a similar Law, for appointing Commissioners on the 
part of this Government. 

"New Castle, 15th March, 1770." 



New Castle. Friday 23d March, 1770. 

A committee of three Members of Assembly waited on the Gov- 
ernor, and presented him with a written Message, in answer to hie 
Verbal Message, which follows in these Words, Viz'- : 

An Answer to His Honour the Governor's Message hy the Secretary. 

" May it please Your Honour : 

** We, the Representatives of the Free Men of the Government 
of the Counties of New-Castle, Kent, and Sussex, upon Delaware, 
have taken into consideration Your Honour's Verbal Message by 
the Secretary, in relation to the Indian Trade, and also the Letter 
from the Lieutenant Governor of New York, and the Copies of the 
Laws passed in that Province and Pennsylvania, referred to therein, 
upon which we beg leave to observe that the Inhabitants of thitj 
Government have at present no Commerce or Intercourse whatever 
with the Indians, and from their Situation cannot expect to have 
any with them hereafter, and therefore, that the appointment of 
Commissioners to meet and confer with such Commissioners as are 
or may be appointed by the other Colonies, appears to us unnecee- 
sary. 

"Nevertheless, We are of Opinion that any Assembly of this 
Government would, when called upon, pass an Act of a similar 
Nature with such Laws as shall be made in the Colonies of Quebec, 
New York, New Jersey, Penn3ylvania, Maryland, and Virginia, for 
the enforcing and carrying into Execution the General Plan that 
may be agreed on by the Commissioners from the said Colonies for 
the regulating the Indian Trade, so far as the same may be consistent 
with the local Circumstances of the Inhabitants of these Coun- 
ties. » 
" Signed by Order of the House. 

" CiESER RODNEY, Speaker. 

" March 23d, 1770." 



New-Castle, Saturday 24th March, 1770. 

The Assembly, at different Times during their Sitting, sent up to 
the Governor for his perusal and Concurrence ten Bills, which were 
duly read and considered, and a few Amendments being made to 



662 MINUTES OF THE 

some of them, to which the Assembly acceded, were all returned to 
the House with the Governor's Assent, and are entituled as follows, 
Viz'-: 

1. " An Act for regulating and establishing Fees." 

2. " An Act for making divers Copies of Records, duly authenti- 
cated under the Great Seal of the Province of New York, and other 
papers, public Records, and for rendering Real Estates within this 
Government more secure." 

3. '' An Act to enable the Owners and possessors of the Mead- 
ow, Marsh and'Cripple on the South side of Christiana Creek, call- 
ed Torn Hook Marsh, and of the Marsh Meadow on the South 
side of the same Creek, called Bosman's Creek Marsh, in the Hun- 
dred and County of New-Castle, to keep the Banks, Dams and 
Sluices in Repair, and to raise a Fund to defray the Expence 
thereof." 

4. '* A Supplement to an Act entituled ' an Act for regulating 
Fences within this Government.'" 

5. ** An Act directing the manner of suing out Attachments 
within this Government." 

6. " An Act for repealing so much of An Act of Assembly, 
' An Act for killing of Squirrels in the Counties of Kent and Sus- 
ses, as relates to the County of Kent ' " 

7. " A Supplement to an act entituled ' An Act to enable the 
Owners and Possessors of the Meadow, Marsh and Cripple lying 
upon Nonsuch and Mill Creeks, and adjoining Lowden's Island, in 
the Hundred and County of New-Castfe on Delaware, to embank 
and drain the same, to keep the outside Banks and Dams in good 
repair for ever, and to raise a Fund for the doing thereof.' " 

8. " An Act to enable the owners and Possessors of a certain 
Tract of Meadow, Marsh and Cripple on both sides of Mill Creek, 
below the town of New Castle, to keep the Banks, Dams and 
Sluices in Repair, and to raise a Fund to defray the Expence 
thereof." 

9. " An Act for the appointing of Rangers and Regulation of 
Strays." 

10. " An Act for amending An act passed ^in the 17th Year of 
the Reign of his late Majesty George the second, entituled * An 
Act for the better relief of the Poor of the County of New Cas- 
tle,' and for extending the same to the Counties of Kent and Sus- 
sex, and for other purposes hereinafter mentioned." 

The Governor having then acquainted a Committee of Assembly 
who waited on him to know when and where he would be pleased 
to pass the Bills, that he was ready to receive the House immedi- 
ately at his Lodgings for that Purpose, The whole House accord- 
ingly atiGoded with the ten Bills above mentioned, which the Gov- 
ernor enacted into Laws, signed a Warrant for affixing the Great 
Seal thereto, and directed the Secretary to accompany two Members 
of Assembly to see them sealed and deposited in the Rolls Office. 



PROVINCIAL COUNCIL. 668 

The Speaker then presented to the Governor Orders on the Trus- 
tees of the Loan Office for £100, for which His Honour thanked 
the House. 



At a Council held at Philad*- on Wednesday 4th April, 1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c*- 

James Hamilton, Benjamin Chew, 1 

William Logan, James Tilghman, I Esquires. 

Richard Peters, J 

Mr. Tilghman communicated to the Board a Letter he had just 
received by Express, from Charles Stewart, Esquire, dated at 
Easton, the 2d Instant, which informs him that on Wednesday the 
28th of last month, the New England Men, accompanied by a 
number of Germans, appeared before the Houses at Wyoming, 
possessed by People under the Proprietaries, whooping, Yelling, 
and Swearing they would have the Prisoners which had been taken 
from them, and after expressing much abusive Language they be- 
gan to Fire upon the People in the Houses, who immediately 
returned the Fire, by which one of the Germans was shot Dead, 
and thereupon the New England Men, &c*' returned to the Fort, 
&c»- 

The said Letter contains several other particulars relating to 
the Conduct of the Connecticut People at Wyoming. (Vide Let- 
ter and its inclosures.) 

The Board taking into Consideration the best Measures to be 
pursued on this Occasion, advised the Governor to write a Letter 
to General Gage, informing him of the riotous Conduct of the 
Connecticut People in taking possession of the Proprietary Lands 
at Wyoming, and of the Legal Measures used by this Government 
to remove them and prevent further Disturbances, and also re- 
questing the Aid of the King's Troops to support the Civil Gov- 
ernment in the Execution of its legal Authority on any future 
Exigency. 



MEMORANDUM, the 5th day of April, 1770. 

This Day the Governor was pleased to appoint William Hicks, 
Esquire, to tlie several Offices following, in the Room of Lawrence 
Growden, Esquire, lately deceased, by four separate Commissions 
under the Great Seal of the Province, Viz*-: Prothonotary, or Prin- 
cipal Clerk of the County Court of Common Pleas; Clerk, or 
Register of the Orphan's Court ; Recorder of Deeds ; and a Jus- 
tice of the Court of the Quarter Sessions of the Peace and of the 
County Court of Common Pleas for the County of Bucks. 



MINUTES OF THE 



Friday, April the 6th, 1770. 

The Governor by the advice of the Board, -wrote the following 
Letter to His Excellency Major General Gage, viz'-: 

" Philadelphia, the 6th of April, 1770. 
" Sir : 

" It is now about a Year since a Number of People of the Colo- 
ny of Connecticut, assisted, as I am informed, by some of Pender- 
grasses Gang, in a riotous and forcible manner took possession of & 
large Body of Land on the Ptiver Susquehanna, within the Bounds 
of this province, under an absurd pretence of Title to the same, as 
included within the Bounds of the Connecticut Grant, and compel- 
led to abandon their Possessions several Persons then settled upon 
the Lands under Grants from this Province. The Intruders were 
at first removed, without much difficulty, by due Course of Law — 
they, however, soon returned with a formidable armed Force, re- 
took the Possession of the Lands, and setting the Laws at defiance, 
built a large Stockaded Fort, (in which they have since planted 
Cannon,) appointed their own officers, erected, as I am informed, 
Mock Courts of Justice, and bad the daring Insolence, without the 
least Warrant or Authority in Law, to arrest one of our People, 
upon whom they inflicted a very severe Corporal Punishment. 

*• It would be too tedious to trouble your Excellency with the 
several legal measures taken from Time to Time, on the part of this 
Government, to bring these lawless People to Justice, and to give 
them an opportunity of bringing their pretended Right to a Deci- 
sion, if they chose it. 

" They have at length prevailed on a Number of Profligate and 
Abandoned People on our Frontiers, (many of whom have been con- 
cerned in the late Indian Murders and Disturbances,) to join them 
in their unlawful Euterprize, and they now not only openly resist 
the Execution of the King's Process and set Government at naught, 
"but have lately gone so far as to attack and fire upon a party of our 
People, who had several of their Associates under legal Arrest, 
which obliged them to return the Fire, and it unfortunately hap- 
pened that one of the Rioters was killed and another wounded, so 
that it is no longer safe to attempt executing the Process of the 
Government against these Atrocious off'enders, and not having any 
Militia in the Province, I find myself under the disagreeable ne- 
cessity of applying for the aid of the Military to support the Civil 
Power. 

"I beg Your Excellency to be assured that I take this step with 
the utmost Reluctance, and that I shall not avail myself of any 
Orders You may on this Occasion think proper to give to the com- 



N. 



PROVINCIAL COUNCIL. 665 

manding officer of His Majesty's Troops here, without the most 
■argent Necessity. 

" I have the Honour to be, 

'* With great Regard, Your Excellency's 

" Most Obedient humble servant, 

''JOHN PENN. 
"His Excellency Major General Gage." 



Thursday, April the 19th, 1770. 

The Governor this Day received by the Post a Letter from His 
Excellency Major General Gage, dated the 15tli Instant, which 
being an Answer to His Honour's Letter of the 6th Instant, is or- 
dered to be entered on the Minutes of Council, and is as follows, 
Viz'-: 

"New York, April 15th, 1770. 
" Sir : 

" I am very much concerned to find that the People from the 
Colony of Connecticut, who have formed Pretensions to certain 
Lands within the Province of Pennsylvania, have carried their Dis- 
orders to such a length as You inform me of in Your Letter of the 
6th Instant, and wish it was in my Power, upon this and every other 
Occasion, to give you such Assistance as you may judge necessary 
to require for the Preservation of the Public Tranquility, and en- 
forcing a due Obedience to the Laws. 

"The Troops in all the Provinces have Orders, in General, to as- 
sist the Civil Power when they shall be legally called upon; but 
the Affair in Question seems to be a Dispute concerning Property, 
in which I can't but think it would be highly improper for the 
King's Troops to interfere. This Sentiment I am the more con- 
firmed in, from the Communication of His Majesty's Pleasure to me 
upon a Similar Occasion, when I was given to understand that in 
Cases of the kind there were very few Exigencies that could justify 
the Military Power being called into the Aid of the Civil. 

" From this Persuasion, as well as that the Delay of a few Months 
can't be productive of any very bad Effects, I trust you will approve 
my declining to give any particular Orders to the Commanding Of- 
ficer of his Majesty's Troops at Philadelphia for the present, upon 
this Occasion. I shall immediately lay before his Majesty's Min- 
isters the Requisition You have been pleased to make, and wait his 
Majesty's Commands thereupon, which, from the Representation 
You will probably think advisable to make of the Necessity of ask- 
ing the Aid of the King's Troops, I may hope to receive by the 
earliest Opportunity. 

" I have the Honour to be, with great Regard, 

" Sir, Your most Obedient humble Servant, 

" THO'- GAGE. 

" Lieu'- Governor Penn." 



MINUTES OF THE 



At a Council held at Philadelphia, on Monday the 23d of 
April, 1770. 

PRE.SENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &c*- 

Richard Peters, Lynford Lardner, > p, 

William Logan, James Tilghman, 5 ^^^quires. 

The Transcripts of three several Records of Conviction vt^ere laid 
before the Board, which being read, it appears by one of the said 
Records, That at a Court of Oyer and Terminer and General Goal 
Delivery, held at Philadelphia, for the County of Philadelphia, on 
the 9th Day of April Instant, before William Allen, John Law- 
rence, and Thomas Willing, Esquires, Justices of the Supreme 
Court, and of the said Court of Oyer and Terminer, David Jones 
and Thomas Jones were tried and convicted of Felony and Bur- 
glary committed in the Dwelling House of Francis Hieneck, in the 
City of Philadelphia, on the 11th day of February last, and that 
they, the said David Jones and Thomas Jones, have received Sen- 
tence of Death for the same. 

By another of the said Records, it appears that, at the said 
Court of Oyer and Terminer and General Goal Delivery, held the 
said 9th Day of April, Instant, before the said Justices, Herman 
Rosikrans was tried and convicted of Counterfeiting the £3 Paper 
Bills of Credit of this Province, and of having uttered and paid 
away two of the said Bills, knowing them to be counterfeit, and 
hath received Sentence of Death for the same. 

And by the other of the said Records it appears that the said Court 
of Oyer and Terminer and General Goal Delivery, heldthe said 9th 
Day of April, Instant, before the said Justices, Mary Brian was 
tried and convicted of Felony and Burglary committed in the Dwel- 
ling House of Susannah Moffat, in the City of Philadelphia, 
on the 22d day of November last, and hath received Sentence of 
Death for the same. 

The said Records being taken into Consideration and the said 
Justices having reported nothing in favour of the three first men- 
tioned Criminals, The Governor by the advice of the Board, issued 
Warrants for their Execution on Saturday the 5th Day of May 
next. And upon the Recommendation of the Judges and Jury in 
behalf of Mary Brian, The Governor was pleased to Grant her a 
Pardon, which was accordingly issued under the Great Seal, bear- 
ing Date the 24th day of April, 1770, and delivered to the Sheriff 
to be presented to her. 

The Secretary laid before the Board a Return and Draught of 
a Road laid out and Surveyed, pursuant to an Order of Council of 
the 9th of February last, by the Persons therein appointed from 
Shuylkill, near Ellis Hughes's Saw Mill, through the County of 



PROVINCIAL COUNCIL. 



667 



Berks to Fort Augusta, which was read and follows in these "Words, 
viz*- : 

To The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &ca , and the Gentlemen of his Council within named. We 
the Subscribers in the within Order named, In pursuance of the 
said Order, have viewed the Grounds and Places through which the 
said Road within mentioned is Requested, and being satisfied that 
there is Occasion for the same, have laid out the said Road as fol- 
lows, to-wit : Be(]inmng in a Road formerly laid out from Schuyl- 
kill near Ellis Hughes's Saw Mill, down towards the Town of Read- 
ing, and three Quarters of a Mile down the said Road from Schuyl- 
kill ; Thence the several Courses and Distances as they are laid 
down in the following manner : 



1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23! 
24. 
25. 
26. 
27. 
28. 
29. 
30- 
31. 
32. 
33. 



Courses. Distances. Remarkable Places. 

S. 87,do.W. 240. 

W. 20. 

W. 26. 

W. 92. 

W. 19. 

W. 34. 

W. 86. to Ellis Hughes's House. 

W. 186. to the Gap of the Tuscarora 

E. 70. Mountain. 

W. 46. 

W. 60. 

E. 150. 

W. 22. 

W. 50. 

W. 54. 

W. 42. 

E. 26. 

W. 34. to Schuylkill on the North Side 

W. 10. the Tuscaroras. 

W. 48. to Norwagen Creek. 

W. 20. 

W. 117. 

W. 74. 

W. 312. 

d. W. 60. 

W. 104. 

W. 40. 

W. 62. 

W. 70. 

W. 18. 

W. 96. 

W. 50. 

W. 20. 



N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 
S. 
N. 
N. 
N. 
S. 
N. 
N. 
N. 
S. 
N. 



86 
72 
35 
30 
25 
10 

7 
26 

5 
45 
28 

5 

20 
33 
20 

7 
30 

5 

35 
23 
45 
62 
80 
60 
66 
71 
85 
65 
43 
63 
83 
70 



MINUTES OF THE 



34. 


S. 


35. 


N. 


3G. 


N. 


37. 


S. 


38. 


N. 


39. 


N. 


40. 


N. 


41. 


N. 


42. 


N. 


43. 


N. 


44. 


N. 


45. 


N. 


46. 


N. 


47. 


N. 


48. 


N. 


49. 


N. 


50. 


N. 


51. 


N. 


52. 


N. 


53. 


N. 


54. 


N. 


55. 


N. 


56. 


N. 


57. 


N. 


58. 


N. 


59. 


N. 


60. 


N. 


61. 


N. 


62. 


N. 


63. 


N. 


64. 


N. 


65. 


N. 


66. 


N. 


67. 


N. 


68. 


N. 


69. 


N. 


70. 


N. 


71. 


N. 


72. 


N. 


73. 


N. 


74. 


N. 


75. 


N. 


76. 


N. 


77. 


N. 


78. 


N. 


79. 


N. 


80. 


N. 


81. 


N. 



Courses. 
75 
72 
82 
82 
68 
48 
58 
78 
69 
48 
60 
78 
69 
59 
66 
80 
52 
48 
45 
70 
43 
25 
59 
68 
73 
78 
60 
82 
85 
77 
74 
64 
47 
30 
7 
12 
19 
38 
33 
74 
15 
75 
65 
20 
12 
30 
52 
44 



Distances. Remarkable places. 

W. 104. 

W. 120. West Branch of Schuylkill. 
W. 54. 
W. 125. 
W. 34. 
W. 66. 
W. 20. 
W. 187. 
W. 38. to the foot of the Broad Mountain. 

40. 

42. 

38. 

90. 

74. 

66. 
d. W. 98. 

72. 

85. 
195. 

20. 

18. 
122. 

97. 



W. 
W. 

w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 
w. 



30. Broad Mountain Top. 
140. 

18. 

38. 

10. 
104. 

30. 

32. 

24. 

12. 



B. 170. 
W. 94. 

W. 150. 
W. 44. 

W. 38. 

W. 33. 

W. 6. 

W. 17. to Mahonioy Creek. 

W. 8. across the same. 

E. 176. 

E. 102. 

E. 54. to Mahonioy Mountain, 

E. _ 68. on the Mountain Side. 

W. 176. on the Mountain Top. 



PROVINCIAL COUNCIL. 660 





Courses. 


Distances. Remarkable p 


82. 


N. 


70, 


W. 


36. 


83. 


N. 


44, 


W. 


140. 


84. 


N. 


30, 


W. 


36. 


85. 


N. 


52, 


W. 


00 


86. 


N. 


70, 


W. 


244. 


87. 


N. 


53, 


W. 


180. toShamokin Creek. 


88. 


S. 


84, 


W. 


144. 


89. 


N. 


68, 


W. 


146. 


90. 




West 




640. 


91. 


N. 


76, 


W. 


134. 


92. 


N. 


68, 


w. 


70. 


93. 


N. 


84, 


w. 


84. 


94. 


S. 


84, 


w. 


216. 


95. 


N. 


85, 


w. 


50. 


96. 


S. 


70, 


w. 


106. 


97. 


N. 


85, 


w. 


60. 


98. 


N. 


35, 


w. 


40. 


99. 


N. 


14, 


w. 


174 down Shamokin Creek. 


100. 


N. 


50, 


w. 


40 fording Place. 


101. 


S. 


85, 


w. 


104. 


102. 


N. 


75, 


w. 


48 Shamokiu Creek. 


103. 


N. 


3, 


E. 


30. 


104. 


N. 


15, 


E. 


80. ' . 


105. 


N. 


8, 


W. 


100 Shamokin Fording. 


106. 


N. 


59, 


W. 


24. 


107. 


West 






190. 


108. 


N. 


40, 


W. 


60. 


109. 


N. 


80, 


W. 


44. 


110. 


N. 


70, 


W. 


54. 


111. 


WesI 






64. 


112. 


N. 


'52, 


W. 


60. 


113. 


N. 


77, 


w. 


28. 


114. 


N. 


64, 


w. 


110. 


115. 


N. 


35, 


w. 


148. 


116. 


N. 


12, 


w. 


20. 


117. 


N. 


45, 


w. 


22. 


118. 


N. 


22, 


w. 


20. 


119. 


N. 


14, 


w. 


23 Bear HiU. 


120. 


N. 


27, 


w. 


9. 


121. 


N. 


60, 


w. 


32. ^ 


122. 


N. 


42, 


w. 


18. 


123. 


N. 


22, 


w. 


146. 


124. 


N. 


40, 


w. 


336. 


125. 


N. 


60, 


w. 


184. 


126. 


N. 


81, 


w. 


980. 


127. 


West 






260. 


128. 


N. 


77, 


w. 


168 


129. 


N. 


60, 


w. 


300,. 



670 MINUTES OF THE 

Courses. Distances. Remarkable places. 

130. N. 54, W. 108 Shamokin at the Old Ford. 

131. N. 41, W. 367 to the Bank of the River Susque- 
hanna, by the North West Corner of Fort Augusta, at the Junc- 
tion of the East and West Branches of the said River, of the length 
of thirty-nine Miles and one Quarter and nineteen Perches ; A 
Draught whereof is hereunto annexed ; and We do Report the same 
to be so by us laid out for Public Use; As Witness our Hands, this 
fourteenth day of April, in the Year of our Lord one thousand 
seven hundred and seventy. 

GEORGE WEBB, 
HENRY SHOEMAKER, 
JOHN WEBB, 
ISAAC WILLITS, 
JOB HUGHES. 

The Board taking the said Return and Draught of Survey into 
Consideration, do hereby confirm the Road according to the Cour- 
ses and Distances set forth in the said Return of Survey, and do 
declare it to be a public Road or King's High-way. And it is or- 
dered that the same be forthwith opened and rendered commodious 
for public Service. 



Tuesday, 15th May, 1770. 

MEMORANDUM. 

The House of Assembly having informed the Governor of their 
Meeting yesterday pursuant to adjournment, sent up to His Honour 
for his concurrence, a Bill entituled "An Act for the further con- 
tinuance of the Act entituled An xAct for appointing Wardens for 
the Port of Philadelphia," &c*- The Two Members who brought 
the Bill, at the same Time acquainted the Governor that the House, 
having no other material Business to enter upon at present, were 
inclined, as soon as that Bill should be passed, to adjourn to the 
17th of September next, if His Honour had no Objection thereto, 
to which the Governor replied that he would consider the Bill im- 
mediately, and had no objection to their proposed Adjournment 

f ~ 

Wednesday, 16th of May, 1770. 

The Governor returned the Bill for regulating Pilots, &c^' to the 
House, By the Secretary, with a Message that he agreed to pass it. 



PROVINCIAL COUNCIL. 671 



Council Chamber, Wednesday 16tli May, 1770, 12 o'clock. 

The Governor having received a Message from the Assembly, 
requesting him to acquaint the House when he would be ready to 
pass the Bill which he had agreed to, and having appointed this 
Hour for that purpose, sent a Message to the House by the Secre- 
tary, requiring their attendance in the Council Chamber, that he 
might enact the said Bill into a Law. 

The House accordingly attended, and the Speaker presented the 
Bill entituled " An Act for the further continuance of the Act 
entituled * An Act for appointing Wardens for the Port of Phila- 
delphia, and for the better regulating Pilots plying in the River 
and Bay of Delaware, and the price of Pilotage to and from the 
said Port." Which the Governor was pleased to enact into a Law, 
and signed a Warrant for affixing the Great Seal thereto. Two 
members of the House and the Secretary were then appointed to 
see the same sealed and deposited in the Rolls Office. 



Monday, May the 21st, 1770. 

This Day the Governor was pleased to appoint Turbutt Francis, 
Esquire, to the several offices following, in the Room of Hermanies 
Alricks, Esquire, who resigned, by five seperate Commissions, under 
the Great Seal of the Province, viz' j Prothonotary, or principal 
Clerk of the County Court of Common Pleas ; Clerk of the 
Quarter Sessions of the Peace ; Clerk or Register of the Orphans' 
Court ; Recorder of Deeds ; and a Justice of the Peace and of 
the County Court of Common Pleas for the County of Cumberland. 



At a Council h'eld at Philadelphia, on Monday 23d of May, 1770. 

" PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

Benjamin Chew, t r j t j } ^^ 

James Tilghman, ^^^^^"^^ ^^'^'^^^'■' [ Esquires. 

The Governor laid before the Board a Transcript of a Record of 
the Conviction of Hugh Barclay for Burglary, by which it appeared 
that at a Court of Oyer and Terminer and General Goal Delivery, 
held at New-Castle, for the County of New Castle, on Monday the 
16th Day of April last, before John Vining, Richard McWilliam, 
Cassar Rodney, and David Hall, Esquires, Justices of the Supreme 
Court, and of the said Court of Oyer and Terminer, the said Hugh 



672 MINUTES OF THE 

Barclay was tried and convicted of Felony and Burglary, committed 
in the Dwelling House of Richard McWilliam, Esquire, in the 
County of New-Castle aforesaid, on the 25th day of December last, 
and hath received Sentence of Death for the same. 

"The said Kecord being taken into Consideration, and the said 
Justices having reported nothing in favour of the Criminal, The 
Governor, by the advice of the Board, issued a Warrant for his 
Execution on Saturday the ninth Day of June instant. 

" The Board took into Consideration the present State of the 
Justices of the Peace and of the County Courts of Common Pleas 
for the several Counties of the Province, and it appearing necessary 
to make Sundry Additions and Alterations in several of the Com- 
missions of the Peace now in Force, as well on account of the 
vacancies now occasioned by the Deaths and other Accidents, as to 
accomodate many parts of the Province where no Magistrates at 
present reside. It was agreed to issue new General Commissions 
of the Peace for the Counties of Philadelphia, Bucks, Chester, Lan- 
caster, Cumberland, and Berks. And Lists of Persons were imme- 
diately prepared, including those who are judged proper to be con- 
tinued in Commission, as well as several others proposed and 
recommended as fit and Qualified to Execute the office of Magis- 
trates; and after due consideration, the following gentlemen were 
approved and agreed on to be the Justices of the Courts of General 
Quarter Sessions of the Peace, and of the County Court of Common 
Pleas for the several Counties respectively as follow, Viz'-: 

For Philadelphia County, the Members of Council, and 

Isaac Jones, George Bryan, 

Samuel Ashmead, Frederick Antis, 

Samuel Mifflin, James Biddle, 

Jacob Duche, Alexander Edwards, 

Samuel Shoemaker, John Allen, 

William Parr, Charles Jolly, 

Evan Thomas, James Young, 

Archibald McClean, Charles Batho, 

William Dewees, John Gibson, 

Jacob Hallj Peter Chevalier, 

John Bull, Peter Knight, 

Thomas Lawrence, John Potts. 

For Bucks County, the Members of Council, and 

Gilbert Hicks, . Robert Patterson, 

Joseph Hart, Benjamin Mathews, 

Richard Walker, John Harris, 

John Jameson, Jonathan Ingham, 
John Abraham Denormandie, Hugh Hartshorae, 

Jacob Bogart, John Kidd, 

Thomas Barneley, Adam Hoops, 



PROVINCIAL COUNCIL. 



673 



Joseph Kirkbride, 
John Wilkinson, 
William Yardley, 
Henry Wynecoop, 



William Hicks, 
William Coxe, 
Thomas Riche. 



For Chester County, The Members of Council, and 



Charles Cruikshanks, 
Richard Baker, 
James Gibbons, 
James Moore, 
William Swaffer, 
Evan Evans, 
Thomas Hockley, 
Joseph Pyle, 
Thomas Temple, 
Warwick Miller. 



William Moore, 
Thomas Worth, 
John Morton, 
Isaac Davis, 
Alexander Johnston, 
William Clingham, 
"William Parker, 
John Hannum, 
John Price, 
Henry Hale Graham, 
Richard Reily, 

For Lancaster County, The Members of Council, and 

Emanuel Carpenter, James Clemson, 

Isaac Saunders, James Bickham, 

Edward Shippen, Robert Boyd, 

Adam Simon Kuhn, Timothy Green, 

Calvin Cooper, James Work, 

James Burd, Everhart Gruber, 

Zaccheus Davis, William Henry. 
John Philip De Haas, 

For Cumberland County, the Members of Council, and 



John Armstrong, 
James Galbraith, 
John Byers, 
James Caruthers, 
Hermanis Alricks, 
John Reynolds, 
Jonathan Hogg, 
Robert Miller, 
"William Lyon, 
Robert Callender, 
Andrew Calhoun, 
James Maxwell, 
Samuel Perry, 
John Holmes, 



John Allison, 
Christopher Lemes, 
Bernard Dougherty, 
George Robison, 
William Patterson, 
Turbutt Francis, 
William Maclay, 
Arthur St. Clair, 
Henry Prather, 
William Crawford, 
James Milligan, 
Thomas Gist, 
Dersey Penticost, 
John Agnew. 



For Berks County, the Members of Council, and 

Benjamin Lightfoot, John Patton, 

James Read, George Douglas, 

VOL. IX. — 43. 



674 MINUTES OV THE 

Peter Spycker, Henry Christ, 

George Webb, Sebastian Zimmerman; 

Thomas llutter, Mark Bird, 

Jacob Morgan, "William Reeser. 

James Deimer, 



At a Council held at Philadelphia, on Friday 25th May, 1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Govemorj, 
&c'- 

William Logan, Benjamin Chew, } y 

James Tilghman, j '■ 

Amos Ogden, Esquire, and Nathan Ogden, who lately caijie from 
Wyoming, appeared at the Board by the desire of the Governor, and 
related all that they knew concerning the late proceedings of the 
Connecticut People, and others in Confederacy with them, who have 
taken Possession of the Lands at Wyoming. A full and true Ac- 
count of these Matters are set forth and contained in their respec- 
tive Depositions, which were prepared and taken before the Gov- 
ernor, and are as follow, Viz'-: 

Philadelplda, to Wit: 

The Deposition of Amos Ogden, Esquire, one of His Majesty's 
Justices of the Peace for the County of Northampton, in the Pro- 
vince of Pennsylvania, aged thirty-eight Years, or thereabouts, who 
being first Sworn on the Holy Evangels of Almighty God, deposeth 
and saith : 

That he has been settled at a place called Wyoming, on the 
North-East Branch of Susquehannah, in the County and Province 
aforesaid, for upwards of twelve Months past, by the Permission of 
the Honourable the Proprietors of Pennsylvania, on :x large Tract of 
Land surveyed there, and reserved for the said Proprietors. That 
a number of People, claiming a llight under the Government of 
Connecticut, soon after the Deponent settled there as aforesaid,. 
came there, armed with Fire Arms and other ojffensive Weapons, 
and made a forcible Entry on the said Proprietors' Tract, and after- 
wards held the same with Force, untill they were removed by due and 
legal Proceedings at Law, after which they soon returned with an 
increase of their Numbers, and in the same violent Manner again 
took Possession of the said Tract of Laud, and proceeded to erect 
and build thereon a strong Fort or Fortification. That for this 
Proceeding a great Number of them were indicted at the Court of 
iQuarter Sessions for the County of Northampton, in which the 
Lands so forcibly taken Possession of lye, and the Process of the 
said Court issued against them, directed to the Sheriff of the said 



PROVINCIAL COUNCIL. 675 

County, who, with a considerable Posse, attended at the place afore- 
said in the Month of October last, in order to arrest the said Rio- 
ters by virtue of the Process aforesaid, and demanded Entrance into 
the said Fort, to execute the said Process upon the said ofi'enders, 
many of whom were then within the said Fort, and the said of- 
fenders refused to give the said Sheriff Admittance into the said 
Fort, or to give themselves up to Justice, but offered to relinquish 
the Possession of the said Fort and the Lands thereabouts to the 
said Proprietors, and those who held Lands under them, only that 
fourteen of them should remain in the said Fort untill the next 
Spring, by which Time it was expected there might be some ad- 
vices from England respecting the Dispute about the said Lands, 
which said Terms the said Sheriff thought fit to agree to, rather 
than run the Risque of spilling Christian Blood, by forcing into 
the said Fort, and in Consequence of the said Promise and Agree- 
ment, the said Rioters did afterwards deliver up the said Fort to 
the said Sheriff and the Deponent and a certain Charles Stewart, 
and departed therefrom, all except Fourteen in Number. That the 
said Deponent afterwards understood and believes that during the 
Course of the last Winter, the Emissaries of the Connecticut Partj 
were endeavouring to prevail on many of the Frontier People of 
this Province, in the upper part of Lancaster County, to back their 
Pretensions, and again to take a forcible Possession of the Lands 
aforesaid ; and about the fourteenth of February last, the Deponent 
being absent in Jersey, News was brought him that a number of 
People from Lancaster County aforesaid, had arrived at Wyoming, 
and in a Warlike manner, in support of the Connecticut Right, 
had taken Possession of the Fort, and had broken open one of the 
Deponent's Houses, and taken thereout one piece of small Cannon, 
and several other Effects, and thereupon he immediately went over 
to Wyoming aforesaid, and found the said Account to be true. And 
the Deponent further saith, that the Party aforesaid, from Lancas- 
ter, was commanded by Lazarus Stewart and Lazarus Young ; 
and the People in the Fort, both Pennsylvanians and New Eng- 
landers, were commanded by Zebulon Butler, a New Eug- 
lander. That on or about the 23rd of February last, an armed 
Party from the Fort, of about 30 in Number, commanded, as it 
seemed to this Deponent, by Lazarus Stewart, broke open the House 
of Captain Salmon, in a violent manner, who was settled on the said 
Proprietors' Tract, by Lease under the said Proprietors, pulled the 
same down, and destroyed all the Effects of the said Salmon in the 
said House ; That on the iOth of February, the said Captain But- 
ler and Lazarus Stewart came to the House of the Deponent, and 
demanded of him that he and all the Settlers under Pennsylvania, 
which were then about ten in number, should leave the Grrouud by 
the 28th following, telling them if they refused, they must abide 
by the Consequences; and on the said 28th Day of February, a 
Party of between forty and fifty Men, headed by Lazarus Stewart 



876 MINUTES OF THE 

and Lazarus Young, armed with Guns, Pistols, and Tomhawks, 
attacked the House of Charles Stewart, Esquire, one of the Tenants 
of the Proprietors of Pennsylvania, pulled it down and destroyed 
all his Effects ; That between the 28th of February and the 28th 
of March following, the People in the Fort did no^; proceed to any 
other violent measures; That on the 28th of March, a party of the 
Connecticut People and Pennsylvanians, of about fifty or sixty 
armed Men, passed by the House of the Deponent, and halted 
about twenty Poles distant from it, where they remained about an 
Hour, threatening the Deponent and the Party in His House ; That 
the Deponent, observing one amongst them who had escaped after 
having been taken and arrested by due Process of Law, sent out a 
small Party with the Deputy Sheriff, from whom he had escaped, 
to retake him, who were attacked by the other Party and fired upon, 
whereupon the Deponent's Party returned the Fire, and there were 
afterwards Firings on both sides, in the Course of which a Man of 
the other Party was killed, as this Deponent understood. 

*' This Deponent further saith, that on the second of April last, 
a party from the Fort, commanded by Lazarus Stewart, came to a 
House of the Deponent in which one Osburn lived, as a Tenant to 
the Deponent, turned Osburn and his Family out, and pulled down 
the House, and destroyed the Goods of the Family, after which 
they shot several of the cattle, and took out of the Stable a Young 
Horse of the English Blood, belonging to Nathan Ogden. The 
Deponent further saith, that on the ninth of April last, the People 
belonging to the Fort began to build a Block House on the other 
side the River, and that on the 13th they fired a Cannon Ball at 
the Deponent's House. 

" That on the 23rd of April, a large armed Party from the Fort 
advanced towards the Deponent's House with Drum beating and 
Indian Shouts, and coming near the House they separated into 
three Divisions, and each Division immediately began to make 
Breast Works, declaring they would soon have the Deponent's Party 
out of their Houses, and about 12 o'Cloek the same day, they be- 
gan to fire at the Deponent's House, which Fire was returned by 
the Deponent's Party in their own Defence, and a mutual Firing 
continued till the 28th following; That on the 25th, the Fort Party 
set Fire to a House of the Deponent in which were Goods and 
Provisions to a considerable Value, and burned it down; That, on 
the said 28th of April, Major Durkee, of the Fort Party, sent the 
Deponent a Note desiring to speak with him, and the Deponent 
waited upon him, and a Truce was concluded on till 12 o'Cloek 
next Day, at which Time Major Durkee invited the Deponent in a 
friendly way to Dine with him ; That the Deponent went accord- 
ingly and dined with him, and after Dinner was acquainted by Cap- 
tain Collins, of Connecticut, that he, the Deponent, was not to 
leave the Fort till matters were settled, and the Deponent's works 
given up; That the Deponent, finding himself in this Situation, 
was obliged to come into the following Terms : 



PROVINCIAL COUNCIL. 67t 

1st. Captain Ogden agrees that this Fort shall be delivered to 
Captain Butler. 

2ndly. All the Men with Captain Ogden that has not Effects on 
the Ground, to depart the first day of May next. 

3dly. It is agreed that six Men of Captain Ogden's Party con- 
tinues to take Care of the Effects belonging to Captain Ogden and 
his Party until the first Day of June next, and then to depart with 
all the Effects belonging to said Party. 

4thly. Agreed that the People of Captain Ogden's Party have 
the Priviledge of selling their Wheat that is in the Ground. 

5thly. Agreed that Captain Ogden's Party keep one House for 
the six Men with two fire Arms, to take Care of his Effects. 

6thly. Agreed that these People that have stock on the Ground, 
and have not made sufficient Provision for said Stock, shall pay all 
the Damages done bj said Stock to the Men that suffer by them. 

The above Articles agreed to, and signed by Captain Ogden in 
behalf of himself and his Party, and Zebulon Butler, for self and 
his Party. ZEBULON BUTLER, 

AMOS OGDEN. 

April 29th, 1770. 

The Deponent further saith, that after the Capitulation aforesaid, 
having Reason to think that the other Party had designs of con- 
fining him, he took the first fair Opportunity of leaving the Place, 
That he is informed and believes that after he left the Place, the 
People in the Fort took Possession of all his Effects and burnt his 
House; and the Deponent further saith, that being constantly in- 
Btructed by the Honourable John Penn, Esquire, Governor of Penn- 
sylvania, to act only on the defensive or in a Course of Law, and to 
avoid Occasions of Bloodshed, he punctually observed the same 
Instructions, nor did he or any of his Party at any Time offend any 
of the other Party or injure them in their Property, and further 
saith not, 

AMOS OGDEN. 

Sworn at Philadelphia, the tweuty-fifth Day of May, 1770, be- 
fore me, JOHN PENN. 
[Here follow two and half blank pages ia Council Book.] 



At a Council held at Philadelphia, on Thursday the 21st of June, 
1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&^- 

Richard Peters, Benjamin Chew, | p-gq^ij-cg 

Lynford Lardner, James Tilghman, j ""'^ 

The Transcripts of two Records of Conviction were laid before 
the Board and read. By one of the said Records it appears that at 



678 MINUTES OF THE 

a Court of Ojer and Terminer and Grenoral Gaol delivery, held at 
Readinir, for the County of Berks, on the 14th day ol May last, 
before Jolin Lawrence and Thomas Willing, Esquires, two of the 
Justices of the Supream Court, and of the said Court of Oyer and 
Terminer, Thomas Proctor, late of the said County of Berks, La- 
bourer, was tried and convicted of Felony and Burglary, committed 
in the Dwelling House of William Ncal, in the County of Berks 
aforesaid, on the 25th day of July last, and hath received Sentence 
of Death for the same. 

The said Record being taken into Consideration, and no favour- 
able Circumstances having been reported by the Judges in behalf 
of the said Criminal, The Governor, by the Advice of the Board, 
issued a Warrant for his Execution on Saturday the 7th day of July 
next 

And, by the other of the said Records, it appears that at a 
Court of Oyer and Terminer and General Gaol Delivery, held 
at Chester, for the County of Chester, on the 11th day of June 
Instant, before William Allen, John Lawrence, and Thomas Wil- 
ling, Esquires, Justices of the Supream Court, and of the said 
Court of Oyer and Terminer, Matthew M'Mahon was tried and 
convicted of Felony and Murder, committed on the Body of a cer- 
tain James McClester, of Middlet:'wn Township, in the County 
aforesaid, Labourer, and hath received Sentence of Death for the 
game. 

Th3 said Record being taken into consideration, and the said 
Judges having reported nothing in favor of the said Criminal, 
The (iovernor, by the advice of the Board, issued a Warrant for 
his Ej;ecution on Saturday the 30th day of June Instant. 

The Governor then, by the Advice of the Board, Ordered that a 
epecial Commission be issued, appointing James Humphreys, Es- 
quire, a Justice of the Court of General Quarter Sessions of the 
Peace and of the County Court of Common Pleas for the City 
and Ciiunty of Philadelphia, to accommodate him in his Office of 
Notary Public, by enabling him to take the Acknowledgments of 
Deeds, &c^' 



The 28th of June, 1770. 
MEMOUANDUM. 

The Governor, by the advice of the Council, this Day issued the 
following Proclamation for removing the Connecticut People, and 
Other Intruders from the Lands at Wyoming, Viz'- : 



I 



PROVINCIAL COUNCIL. . 679 

^^ By the Honourable J OSN PENN^ Esquire, Liexdenant Governor 
and Commander-in-Chief of the Province of Pennsylvania, and 
Counties of New Castle, Kent, and Sussex, on Delaware. 

"A PROCLAMATION. 

" Whereas, a Number of Persons, chiefly of the Colony of 
Connecticut, have lately, as well as at difi"erent Times heretofore, 
without any License or Grant from the Honorable the Proprietaries 
of this Province, or Authority from this Government, made Attempts 
to possess themselves of and settle upon a large Tract of Land 
within the known Limits of this Province, lying at and between 
"Wyoming, on the River Susquehanna, and Cushietunk on the River 
Delaware ; ^nd Whe)-eas, I have lately received Intelligence that 
divers People of the said Colony of Connecticut have persuaded 
and enviegled many of the Inhabitants of this Province to join 
them, and with their Assistance have, with Force and Arms, in the 
most hostile and warlike manner, not only possessed themselves of 
the Lands at and near Wyoming on the said River Susquehanna, 
within the known Bounds of this Province, but have, also, in the 
same hostile and warlike Manner, driven and expelled from their 
lawful Settlements and Possessions divers Persons there settled by 
lawful Authority under the said Proprietaries, burned their Houses, 
killed their Cattle, and other Stock, destroyed their other Efiects, 
and imprisoned the Persons of many of them, in open Defiance of 
all Law and Justice ; Wherefore, as well to assert the just Rights 
of the Proprietaries of this Province to the said Lands, as to warn 
and Prevent any of the Inhabitants of this Province from being 
unwarily drawn in to join the said Intruders in prosecuting their 
illegal Settlements, I have, by and with the Advice of the Council, 
judged it proper to issue this nw Proclamation, hereby strictly en- 
joining and requiring, in His Majesty's Name, all and every Person 
and Persons already settled, and residing on the said Lands, 
without the License of the Proprietaries or Authority from 
thife Government, immediately to evacuate their Settlements and to 
depart and remove themselves off and from the said Lands without 
delay. And I do hereby forbid all His Majesty's Subjects of this 
or any other Province or Colony, on any Pretence whatsoever, to in- 
trude upon, settle or possess any of the aforesaid Lands, or any 
other Lands within the Limits of this Province, without the express 
Permission of this Government, as they will answer the Contrary 
at their Peril, and on pain of being prosecuted with the utmost 
Rigour of Law. And I do hereby declare, that all and every Person 
or Persons who have joined or shall join the said Intruders in sup- 
porting or holding their present illegal and unjust Possessions, or 
in making further Settlements within this Province, shall not only 
be deprived of the Benefit of taking up auy Lands within this Pro- 
vince, but shall be treated with the utmost strictness in respect 



680 MINUTES OF THE 

to any Lands they have heretofore taken up, or do possess under 
the said Proprietaries, which have not been fully paid for. And 1 
do hereby strictly charge, enjoin and require all Magistrates, Sher- 
iffs and other officers, as well as all other His Majesty's liege Sub- 
jects within this Province, to exert themselves, and use their utmost 
Endeavours to prosecute and bring to Justice all Offenders in the 
Premises. 

" Given under my Hand and the Great Seal of the said Province, 
at Philadelphia, the twenty-eighth day of June, in the tenth 
Year of His Majesty's Reign, and in the Year of our Lord one 
thousand seven hundred and seventy. 

"JOHN PENN. 
" By His Honour's Command. 

" Joseph Shippen, Junior, Secretary. 

"GOD SAVE THE KING." 

And at the same Time issued two special Commissions appoint- 
ing Turbutt Francis and Samuel Hunter, Esquires, Justices of the 
Peace for the County of Berks. 



Tuesday 18th September, 1770. 
MEMORANDUM. 

The Governor received a verbal Message from the Assembly, ac- 
quainting him that the House had met pursuant to adjournment, 
and were ready to receive any Business he had to lay before them ; 
to which His Honour replied that he had nothing particular at 
present to recommend to their Consideration. 

The Governor having received •Information that a Commission 
is wanted in the County of .Lancaster, for the Tryal of Ne- 
groes, His Honour this day issued one, appointing Emanuel Car- 
penter and Isaac Sanders, Esq"-, Justices for holding Courts in that 
County for the Tryal of Negroes, according to Law. 



At a Council held at Philadelphia, on Wednesday 26th Sep- 
tember, 1770. 

PP.,ESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gov- 
nor, «&c^- 

Benjamin Chew, ) tji 
James Tilghman, j " ' ' 
The Secretary laid before the Board a Return and Draft of a Road 
laid out, surveyed and returned into the Provincial Secretary's Of- 



PROVINCIAL COUNCIL. 681 

fice, pursuant to an Order of Council of the 20th of February last, 
from the Middle Ferry on Schuylkill to the sign of the Ship on the 
Conestogoe Road, and thence to the Village of Strasburg, in the 
County of Lancaster ; and also two Petitions from some of the In- 
habitants of Chester County, setting forth objections to the said 
Road, and praying a Review. 

As some of the Petitioners desired they might have an Opportu- 
nity of being heard before the Governor and Council came to any 
Determination, the Board appointed Friday the 19th of October 
next for the Consideration of this Matter, that the Petitioners may 
have timely Notice to attend the Board, and explain their Objec- 
tions to the Road as laid out, and the Secretary is ordered to give 
Notice to the Petitioners accordingly. 

The Governor laid before the Board three Bills sent up by the 
Assembly for his Concurrence, entituled as follow, viz'- : 

" An Act for regulating Waggoners, Carters, Draymen and 
Porters, and for other Purposes therein mentioned." 

" An Act for the Regulation of Apprentices within this Prov- 
ince." 

" An Act to continue the act entituled ' An Act for the opening 
and better amending and keeping in Repair the Public Roads and 
Highways within this Province." 

Which were read and duly considered, and the Secretary was di- 
rected to return the same to the House, with two small Amend- 
ments made to the Apprentice Bill, and a verbal Message to ac- 
quaint the House with the Governor's Assent to the two others. 



27th September. 
MEMORANDUM. 

The Assembly sent up to the Governor a Bill entituled " An 
Act for the Support of the Government of this Province and pay- 
ment of the Public Debts," which being read, the Governor directed 
the Secretary to carry a verbal message to the House requesting 
them to furnish him with a List of the Draughts and Certificates 
intended to be paid off and discharged by that Bill. 



Eodem die, P. M. 

The Governor sent by the Secretary a written Message to the As- 
sembly, (with the Deposition of John Philip De Hass, Esquire,) 
which follows in these "words, viz'- : 



G82 MINUTES OF THE 

A Message from the Governor to the Assemble/. 

" Gentlemen : 

" I have ordered the Secretary to lay before you the Deposition 
of John Philip De Haas, Esquire, one of the Justices of the Peace 
of the County of Lancaster, by which you will perceive that, in 
Consequence of a Warrant some Time ago issued by John Law- 
rence, Esquire, one of the Supreme Judges of this Province, for the 
apprehending of Lazarus Stewart, Lazarus Young, and Zebulon 
Butler, charged with the Crime of Arson, (an offence made Capital 
by Act of Assembly,) the said Stewart having been arrested on the 
fifteenth day of this Instant, rescued himself, with the Assistance of 
a Number of lawless People who joined him, and not only beat the 
Constable who arrested him, but abused and threatened the said 
De Haas in the Execution of his Office as a Justice, in the most 
violent mannei;. I shall order Prosecutions to be carried on against 
the Rescuers, who I hope may be brought to Justice in the com- 
mon Course of legal Proceedings, but, as the principal Offenders 
will probably, as they hither to have done, set the Laws at defiance, 
and make it dangerous to apprehend them, I think it expedient, for 
the sake of public Justice and the Honor of Government, that a 
Reward should be offered for taking them, in which I make no 
doubt I shall have your Concurrence, 

"JOHN PENN. 
" September 27th, 1770." 

The Deposition follows in these words, viz'- ; 

" Philadelphia, to wit : 

"On the twenty-sixth day of September, in the Year of our Lord 
one thousand seven hundred and Seventy, before me, Thomas Wil- 
ling, Esquire, one of the Judges of the Supream Court of the Pro- 
vince of Pennsylvania, personally appeared John Philip De Haas, 
of the Township of Lebanon, in Lancaster County, Esquire, one of 
His Majesty's Justices of the Peace of the County of Lancaster, who 
being duly sworn on the Holy Evangels of Almighty God, deposeth 
and saith, that he, the said Deponent, on the fifteenth day of Sep- 
tember Instant, delivered to Frederick Buhlman, Constable of Leb- 
anon aforesaid, a Warrant from John Lawrence, Esq"^' one of His 
Majesty's Judges of the Supream Court of this Province, directed 
to all the civil Officers of the Province, for apprehending Lazarus 
Stewart, Lazarus Young, and Zebulon Butler, and bringing them 
before him, or one other of the Judges of the Supream Court, to 
answer a certain Charge made on Oath against them of burning 
Houses, and other misdemeanors, said to be committed iu the 
County of Northampton, in the Province aforesaid, and the said 
Constable thereupon, about 10 o'clock the same day, arrested the 
said Lazarus Stewart in Lebanon, in the Deponent's Presence; that 



PROVINCIAL COUNCIL. 683 

the said deponent, understanding that the said Stewart was a dan- 
gerous, turbulent iMan, & apprehending a Rescue might be attempt- 
ed, employed three Men to assist the (Nonstable to convey him 
down tlie Country, promising them a Reward of five Pounds to each 
of them if they accomplished it ; that the said Stewart, being encou- 
raged by Messages from one William Stoy, as this Deponent hath 
been informed, and Verily believes endeavoured to retard as much 
as he could, their setting oif, and at length found means to intimi- 
date the Persons employed to assist the Constable, so that they went 
away, leaving the Constable to do as he could; that the Deponent 
being informed of this, endeavoured to procure other Assistance, but 
while so employed. Word was brought him that the said Stewart had 
rescued himself, with the assistance of one Matthias Mause, a Neph- 
ew of the said Stoy, who gave the said Stewart the handle of an 
Axe, with which he had knocked down the Constable & beat him 
in a Cruel and Unmerciful manner; that thereupon this Deponent 
went to the Place where the said Stewart was, and called to sundry 
of the Inhabitants who were there standing, and had been Witnesses 
to the uforesaid outrageous Proceeding, charging them in His Ma- 
jesty's Name to assist him, the Deponent, and the said Constable ia 
retakiiii; the said Stewart, at the same Time acquainting them with 
the Crimes of which he was charged, and for which he was in the 
Constable's Custody; that none of the Inhabitants would obey the 
Deponent, some of them being Friends and abettors of Stewart, 
and the rest afraid; that the said Stewart stepped forward with a 
Club in his Hand, and abused the Deponent in the most oppro- 
brious '•'erms, and the Deponent despairing of Assistance, and un- 
derstanding that a Number of Stewart's Friends were expected from 
the Country, and apprehending from his Threats, that great Mis- 
chief and Disturbance would ensue, thought proper to retire, exhort- 
ing the People in the most earnest Manner to preserve the Peace, 
and prevent any riotous proceedings ; that about an hour after the 
rescue, a Party of armed Men, to the number of twenty, or therea- 
bouts, rode into the Town of Lebanon, and joined the said Stewart, 
who soon after came towards the said Deponent, then walking be- 
fore his own Door, and with much Scurrility and Abuse, with a 
Pistol in one hand and a Club in the other, threatened him for 
having procured him to be arrested, and the Deponent finding it ne- 
cessary to defend himself, retired into his house and got his Pistols ; 
that the said Stewart endeavoured to follow him into the House, but 
one of the Family fastening the Door, prevented him; that the said 
Stewart afterwards called on the Deponent to come and take him, 
and said that there was long ago two hundred Pounds Reward of- 
fered for him (alluding, as this Deponent understood, to the said 
Stewart's being one of the Persons concerned in Murdering the In- 
dians in Lancaster Goal, for taking whom a Reward was offered by 
this Government), that the said Deponent was informed by Nicholas 
Hausaker, Innkeeper in Lebanon aforesaid, that the said Stewart 



684 MINUTES OF THE 

9,fterwards came to the said Hawsaker's, and threatened that if he 
ever should obey the Orders of the Deponent in taking, or assisting 
to take the said Stewart, or any of his Company, he, the said Stew- 
art, would cut him to Pieces, and make a Breakfast of his Heart ; 
and this Deponent saith that the said Stewart and his Company 
Rode off in Triumph ; and further this Deponent saith not. 
" Sworn before me, the day and year before written. 

"J. P. DEHAAS. 
, " Tno^ Willing, [l. s]." 



Friday the 28th of September. 

Two Members of Assembly waited on the Governor with a List 
of the Public Debts referred to in the Bill for the support of Gov- 
ernment ; and at the same time presented him a Bill entituled "An 
Act for vacating a part of a Road in the Township of Passyunk, 
and for laying out and making a new Road instead thereof;" and 
also the following Remonstrance from the Assembly to the Gov- 
ernor, with a number of Vouchers and proved Accompts therein 
referred to. 

A Remonstrance to the Governor from tJie Assembly. 

" May it please your Honour : 

" 'I'he House have taken into Consideration the application fi'om 
divers Inhabitants of Lancaster and Cumberland Counties, and the 
Report of the Committee of Grievances, relative to the impressing 
of Carriages by Colonel Wilkins, for transporting the Baggage, &c*' 
of the Troops under his Command, in their March through the said 
Counties in the Year 1768, and from Affidavits and other Vouchers, 
laid before this House, it appears that in June, 1768, the Colonel 
applied to the Magistrates in Lancaster, and, by their Warrants, 
had nineteen Waggons, with Horses and Drivers, impressed ; who 
Transported the Baggage to Carlisle, where the Colonel had agreed 
to discharge them ; but, not being supplied with a sufficient num- 
ber of other Carriages there, he detained those from Lancaster many 
days longer than his Contract, and then proceeded with them as far 
as Fort London, where he engaged to discharge them, but them also 
many Days ; and then having some other Waggons furnished him 
there, he discharged some of the Lancaster County Carriages, but 
compelled the rest to pi'oceed with him to Fort Pitt ; and on the 
Road, having met with some other Waggons returning from Fort 
Pitt, loaded, he obliged them to unload and return with him to Fort 
Pitt; that the Colonel, in settling their Accounts, allowed the Wag- 
goners for only about one-third part of the Time they were in the 
Service, and deducted out of the same the Price of the Provisions, 



PROVINCIAL COUNCIL. 685 

Forrage and Pasture, expended by the Drivers and Horses ; that by 
these means the Owners of the Carriages have sustained great 
Hardships and Loss. We therefore think it our Duty to lay the 
Vouchers before your Honor, and request that you will represent 
this matter to His Excellency General Gage, Commander in Chief 
of His Majesty's Troops in America, not doubting but he will afford 
proper Relief to the Sufferers. 

"Signed by Order of the House, 

"JOSEPH GALLOWAY, Speaker. 
" September 27th, 1770." 



Eodem die, P. M. 

Two Members of the Assembly brought up the following written 
Message to the Governor, in answer to His Honor's Message to the 
House of yesterday, viz'-: 

A Message to the Governor from the Assembly. 

" May it please your Honour : 

" We have taken into Consideration your Message of the 27th 
Instant, and heartily concur in Opinion with your Honour, that it 
is highly necessary for the preservation of the Public Peace, and a 
due Execution of the Laws, to offer a Reward for the apprehending 
Lazarus Stewart, for the daring Insult he has committed on Autho- 
rity of Government, and we have no doubt but a future Assembly 
will choarfully make Provisions for the Payment of fifty Pounds for 
the taking him whenever the same shall become due. 

" From the Afl&davit laid before us by the Secretary, we observe 
there is Cause to suspect the said Stewart hath been guilty of a 
Crime of a more atrocious Nature than that mentioned by your 
Honour; should the Reward to be offered for taking him have 
the intended effect, we have not the least doubt but you will give 
Orders for prosecuting him, as well for any other Offences sup- 
ported by proper Evidence, as for the audacious Contempt he has 
shewn to the authority of the Magistracy. 
" Signed by Order of the House. 

"JOSEPH GALLOWAY, Speaker. 

" September 28th, 1770." 



Saturday, the 29th of September, A. M. 

The Governor returned to the Assembly the Bill for the Sup- 
port of Government, &c^' with his Assent, and the Bill " for vaca- 



686 MINUTES OF THE 

ting part of a Road in the Township of Passyunk, and for laying 
out and making a new Road instead thereof/' with the following 
written Message, Viz'-: 

A Message from the Governor to the Assembly. 

'* Gentlemen : 

" From the best Judgment I have been able to form of tlie Bill 
now before me, entituled " An Act for vacating a Part of a [load in 
the Township of Passyunk, and for laying out and making a new 
Road instead thereof," it is proposed that a new Road shall be laid 
out for public Use, to intersect the River Schuylkill in a Point 
opposite to a Place on the other side ot that River from whence 
a Provincial Road has been applied for, by a Petition to me and 
the Council, to intersect the old Road leading to Chester at Crum 
Creek. It may be proper to inform you, that in Coustquence 
of this Petition an Order of Council has been made, appointing a 
number of Gentlemen on their own view to judge of the Utility 
of that Road, and to make their Report accordingly. As, therefore, 
the necessity of laying out the Koad proposed by the Bill, seems 
to me wholly to depend on what may be done in the Case of the 
other Road with which it is intended to have communication, I 
think there would at present be great impropriety in passing the 
Bill under Consideration; Besides, Gentlemen, the Acts of Assem- 
bly of this Province having established proper Judicatories for lay- 
ing out both Provincial and private Roads, I cannot see what Occa- 
sion there is for the Legislature to interpose in these cases. For 
these Reasons, I am under the disagreeable necessity of returning 
you the Bill with a Negative. 

"JOHN PENN. 

" September 29th, 1770-" 

The Secretary then delivered the following Verbal Message from 
the Governor to the Assembly, in answer to their Remonstrance of 
yesterday, Viz'-: 

The Governor commands me to acquaint the House that will he 
take Care, agreeable to their Request, to represent the Matter set 
forth in their Remonstrance to His Excellency General Gage, as 
speedily as possible. 



Council Chamber, Saturday 1 o'Clock, P. M., September 29th, 1770. 

The Governor having received a Message from the Assembly re- 
questing to know when he would be pleased to pass the Bills which 
he had agreed to, and having appointed the present Time fur that 
Purpose, sent a Message to the House by the Secretary, requiring 



PROVINCIAL COUNCIL. 687 

their Attendance in the Council Chamber, that the Bills which had 
received his Assent might be enacted into Laws. The whole House 
attended accordingly, and the Speaker presented to the Governor the 
four following Bills, which His Honor was pleased to enact into 
Laws, signed a Warrant for affixing the Great Seal thereto, and ap- 
pointed Sir. Tilghman and the Secretary to accompany two Mem- 
bers of Assembly to see them Sealed and deposited in the Rolls 
Office, Viz'-: 

" An Act for regulating Waggoners, Carters, Draymen, and Por- 
ters, within the City of Philadelphia, and for other Purposes therein 
mentioned." 

" An Act for the Regulation of Apprentices within this Province." 

" An Act to continue the Act entituled ' An Act for the opening 
and better amending and keeping in repair the Public Roads and 
Highways within this Province ;" and 

" An Act for the Support of the Government of this Province, 
and Payment of the Public Debts." 

The Speaker then presented to the Governor, on behalf of the 
House, an Order on the Provincial Treasurer for £1000, fur His 
Honor's Support for the present Year, for which the Governor 
thanked the House. 

" Bt/ the nonourahh JOHN PENN, Esquire, Lieutenant Gov- 
ernor and Commander-in- Chief of the Province of Pennaylvaniaf 
and Counties of Newcastle, Kent, and Sussex, on Delaioare : 

"A PROCLAMATION. 

" Whereas, it appears by the Deposition of John Pilip De Haas, 
Esquire, one of His Majesty's Justices of the Peace for the County 
of Lancaster, that a certain Lazarus Stewart, who, among others, 
stands charged with the Crime of Arson, was on the 15th day of 
last Month legally apprehended for the same, in virtue of a VV ar- 
rant issued for that Purpose by one of the Judges of the Supream 
Court of this Province : ^nd whereas, the said Stewart, in defiance 
of all Law and Authority, did, on the same Day, with the Assist- 
ance of a number of lawless People who joined him, rescue himself 
from the Custody of the Constable who arrested him, and not only 
beat the Constable with great Severity, but abused and threatened 
the said De Haas in the Execution of his Office as a Justice of the 
Peace, in the most insolent manner : 

"And whereas, it is highly expedient for the Preservation of the 
Public Peace, and enforcing a due Execution of the Laws, that the 
said Lazarus Stewart should be brought to Justice, as well for the 
Crime for which he was arrested, as for the daring Insult he has 
shewn to the Authority of Parliament ; I have, therefore, by and 
with the Advice of Council, thought fit to issue this Proclamation, 
hereby strictly charging and commanding all Judges, Justices, Sher- 



688 MINUTES OF THE 

iffs, Constables, and other Officers, as well as all other His Majes- 
ty's Subjects within this Government, to make diligent Search and 
enquiry after the said Lazarus Stewart, and to use all lawful means 
for apprehending, securing, and bringing him to Justice. And as an 
Encouragement for that Purpose, I do hereby promise and engage 
that the public Reward of fifty Pounds shall be paid to any Person 
or Persons who shall apprehend and secure the said Lazarus Stewart 
in one of the Public Gaols of this Province, so that he be brought 
to his Trial, and proceeded against according to Law. 

" Given under my Hand and the Great Seal of the said Province, 
at Philadelphia, the third day of October, in the tenth Year of His 
Majesty's Keign, and in the Year of our Lord one thousand seven 
hundred and seventy. 

"JOHN PENN. 
" By His Honour's Command. 

"Joseph Shippen, J""- Secr^yJ^ 

"GOD SAVE THE KING." 



At a'Council held at Philadelphia on Thursday the 4th Octo- 
ber, 1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c^- 

William Logan, Benjamin Chew, 1 -j^ 

James Tilghman, | Jisquires. 

The Governor laid before the Board the Returns of Sheriffs and 
Coroners for the Counties of Philadelphia, Chester, Bucks, Berks, 
Northampton, and New Castle, which being duly considered, the 
following Persons were appointed and Commissionated as Sheriffs and 
Coroners of their respective Counties, Viz*- : 

Judah Foulke, Sheriff, } Philadelphia City «&; 

Caleb Cash, Coroner, 3 County. 

Jesse Maris, Sheriff, ? pu ^ ^^ x 

Joseph Gibbons, Junior, Coroner, 3 ^' 

Joseph Ellicott, Sheriff, > -g^^^ p„. 

James Wallice, Coroner, 3 

Jacob Shoemaker, Sheriff, ? t> i, tjo. 

Samuel Jackson, Coroner, 3 

Peter Kachlein, Sheriff, ) isj.rthamnfnTi D^- 

William Ledlie, Coroner, | ^'^^*^^°'P'°° ^ 

Thomas Duff, Sheriff, 1 ^-r /-, ,1 tvo 

Henry Vining, Coroner, j ^^^ ^^'^^^ ^ 



PROVINCIAL COUNCIL. 689 

Saturday the 6th of October, 1770. 

The Returns of the Sheriffs and Coroners for Lancaster, York, 
Kent, and Sussex Counties, being now made. The Governor ap 
pointed and Commissionated the following Persons as Sheriffs and 
Coroners for their respective Counties, Viz'- : 

Frederick Stone, Sheriff, ^ t * /-i » 

o 1 1, J ' r^ r Lancaster County 

Samuel Boyd, Coroner, 3 ^ 

George Eichelberger, Sheriff, ? y ^ J)" 

Joseph Adlum, Coroner, 3 

James Caldwell, Sheriff', I -v ,. tv, 

John bmither. Coroner, ) 

Boaz Manlove, Sheriff, ? o ^ jy, 

lleese Wolfe, Coroner. 



A Conference was then held with several Munsey Indians. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c»- 



William Logan, ? -p , 
James Tilghman, 3 



Meethara, the Munsey Chief, and ten other Men. 

John Kneebuckle, Interpreter. 

The Chief addressed himself to the Governor, and with a String 
of Wampum went through the usual Ceremony of wiping the Eyea, 
cleansing the Ears, and clearing the Throat, that the Governor 
might look on his Indian Brethren and hear well what they had 
to say, and might speak to them from his Heart, and then deliver- 
ed the String of Wampum. 

The Chief then continued as follows : 
" Brother : 

'' We are come from Welawanung, or the big Horn, where w<; 
keep a great Fire. When we came from the Horn, which is our 
Place of Residence, I perceived the Road was very dirty and nasty, 
my Brothers all Bloody, and Your Houses full of Blood and Filth 
I now sweep the Road quite clean and wash away all the Blood 
from your Bodies and Houses. 

" Brother : 

" There are a great many of my Brethren's Bones laying out of 

Doors, I see them every now and then scattered about in different 

Places ; I now collect them all together, and take them up, and 

carry them to a Place where no People have ever yet been. I see 

vol. IX. 



690 MINUTES OF THE 

^here a great Tree, which I now pull up by the Roots, and I put in 
jts Place all my Brethren's Bones, and bury them there, so that 
ihey may never be seen again, and that your Grand Children may 
never know where they are buried. 

A Belt of eight Rows. 
'• Brother : 

" There is something the Matter with your Heart ; it is all on 
one side ; I now make it as strait and as good as it used to be, when 
we talked good words at the great Treaty at Easton. 

A Belt of seven Rows. 
" Brother : 

" I now make the Road good by removing the Stumps and Stones, 
and I bend the great Trees down on one side, that the Road may 
always remain open, and there may be no more Uneasiness between 
us. 

A black and white Belt of seven Rows. 

" Brother : 

" I must now acquaint you with the Business of my coming to 
Philadelphia. 

'' I am just come from a Treaty lately held with the Indians by 
Sir William Johnson, which has occasioned my coming here at this 
Time. 
" Brother : 

" I must tell you that We are quite Poor, and that our young 
Men cannot walk so far as Philadelphia for such Things as they 
want, and therefore we want a Store Keeper and a Gun Smith to 
live among us at our Town, the big Horn, by whom we may be 
supplied with Blankets and other Cloaths, and that we may con- 
veniently get our Guns mended and repaired from Time to Time, 
and therefore, Brother, we request you will fix a Store and a Gun 
Smith there. 

A Belt of six Rows. 
" Brother : 

" I am to inform you that I do not come now to Pniladelphia of 
my own Accord; I am sent here by the Six Nations. Now, Broth- 
er, I fill your Pipe, and you must look towards our country j and 
when the Leaves come out in the Spring, or as soon as the Bark 
Peels, we and the Sis Nations will come here to see you and speak 
to you, for we have a great deal to say to you. 
■*' Brother : 

" There was a Belt of Wampum sent up among us about a Year 
ago from Philadelphia, and we inform you that every thing has 
been done by us as you desired. 
" Brother : 

" I want to know at what Place we shall have a Treaty with you, 
There are two Fires ; one of them is here, and the other at Eas- 
ton. But we leave it to you to chuse where We shall meet you. 

A Belt of five Rows. 



PROVINCIAL COUNCIL. 691 

^' Brother : 

" I have now finislie^ what I had to say respecting the Business 
of my coining here ; but I am to inform you that thei'C are here 
among us a Cherokee Indian Man, his Wife and a Child, who are 
just come down the Susquehanna from Sir William Johnson's; and 
as they are desirous of returning home to their own country in the 
most ezpeditious manner, they request that the Governor will give 
them a Passport, that they may proceed to Carolina with Safety. 



Monday the 8th of October, 1770. 

The Return of Sheriff and Coroner from Cumberland County 
being now made, the Governor appointed and Commissionated 

David Hoge, & Sheriff, > ^^ ^^^ ^^.^ ^ 

VV lUiam Denny, Coroner, ^ ■' 



Council Chamber, 

MEMORANDUM, the 14th of October, 1770. 
' A Committee of the Assembly waited on the Governor yesterday, 
and acquaiaterl him that, pursuant to the Charter and Laws of this 
Province, a Quorum of the Representatives had met, and having 
proceeded to chuse their Speaker, desired to know when he would 
be pleased to receive the House, that He might be presented for 
His Honor's Approbation. The Governor having appointed this 
forenoon at eleven o'clock for that Purpose, acquainted the House 
by the Secretary that he attended his Appointment in the Council 
Chamber, and was ready to receive the House with their Speaker. 
The Wliole House waited on the Governor, and presented Josfph 
Gallowai/, Esquire, as their Speaker, who after receiving the Go- 
vernor's Approbation, claimed the usual Priviledges in the Name 
and Behalf of the House ; to which the Governor replied that he 
thought those Priviledges inherent in a Representative Body, and 
he should be careful to protect the House therein. 



Tuesday, the 16th of October, 1770. 

The Governor ."cnt the following Message to the Assembly by 
the Secretary, who at the same Time laid before the House a Cop;^ 
ot an Indian Conference therein referred to. 



692 MINUTES OF THE 

The Message follows in these Words, viz'- : 

" Gentlemen : 

" I have ordered the Secretary to lay before you a Conference I 
had on the sixth Instant with some Munsey Indians, charged with a 
Message from the six nations, informing me that they have a great 
deal to say to me, and requesting that I would hold a Treaty with 
them some Time next Spring. I have not been able to collect 
what particular Business they have to transact with us. Should it 
relate to matters which concern this Province only, and are not 
merely Objects of Negotiation between His Majesty and them, 
which, by the late Royal Regulations, fall within the Department 
of the Superintendants of Indian Affairs, Justice and good Policy, 
in my Opinion require, that we should comply with their Request 
in an Affair of such Importance, and which in its Consequences 
anay be attended with a considerable Expence to the Public. I 
.should be glad Gentlemen of your Advice and Assistance, and shall 
detain the Indians till I receive your Answer, which I request may 
be as soon as possible. 

" During my Administration I have often been put to great 
Difficulties for want of Money to defray the Expences of such In- 
.dians as have applied to me from Time to Time in the Recess of 
Assembly, and have sometimes been under the Necessity of detain- 
ing them longer than I should have done on that Account, which 
has greatly enhanced the Public Expence. I think it would be to 
the Honor, as well as Interest of the Province, that a permanent. 
JP'und should be established for this Purpose. I therefore earn- 
estly recommend this Matter to your Consideration, and hope you 
will make such Provision as you judge may be adequate to the Oc- 
casion, without Loss of Time. 

"JOHN PENN. 

"October 16th, 1770." 



Wednesday the 17th of October, 1770. 

Two Members of Assembly waited on the Governor and presented 
him a Message, which follows in these Words, viz'* : 

•" May it please your Honour : 

" The House taking into their serious Consideration your Honor's 
"Message of the 16th Instant, with the Minutes of Conference there- 
with sent by the Secretary, beg leave to remark that the House 
esteem it their Duty at all Times carefully to attend to the Com- 
plaints of Indians, and to apply every reasonable Means in their 
Power to keep them in good Temper and Harmony with this Gov- 
ernment. But, as it does not appear by the present Application 
for a Treaty with this Province what is the Cause thereof, nor is it 



PROVINCIAL COUNCIL. 693 

made with such Certainty or with those Ceremonies usually attea- 
ding such Requisitions, We apprehend We should not at present 
be justifiable in burtheningour Constituents with the great Expenoe 
which would attend a public Treaty. We therefore beg leave to 
recommend it to your Honor to confer further with the Indians now 
in the City, and if they can inform you of any Complaints the six 
nations or any other Indians have against this Government, or of 
any other Motive to desire a Treaty with us, the House will, upou 
being acquainted therewith, duly consider the same, and afford to 
your Honor such Advice and Assistance as the Nature of such 
Complaints or Motives may require. With regard to your Honor's 
Recommendation that the House would provide a Fund to defray 
the Occasional Expences of Indians coming to this City during 
the Recess of Assembly, we are of Opinion that the establishing 
such a Fund may be attended with Inconveniencies, as thereby 
Numbers of Indians will be encouraged to pay frequent and unne- 
cessary Visits to Philadelphia, to the great Expence of the Province. 
And We look upon such an Establishment the more unnecessary 
as former Houses of Assembly have always chearfully discharged 
such Expences as have accrued upon like Occasions, and We pre- 
sume your Honor may confide in it, that this, and future Assem- 
blies, will readily defray any reasonable Charges that may be re- 
quired for such Purposes. 

"Signed by Order of the House, 

" JOSEPH GALLOWAY, SpmJcer. 
" October 17th, 1770." 



At a Council held at Philadelphia, on Friday 19th October, 
1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

William Logan, Benjamin Chew, } -p 

James Tilghman, \ ^^quires. 

This being the Day appointed by the Board for the further Con- 
sideration of the Return of the new Road from Schuylkill to Stras- 
burg, in Lancaster County, which was laid before them on the 26th 
of September last, there appetired at the Board, in cousequence of 
Notice given them by the Secretary, a Number of the Inhabitants 
of Chester County, who had preferred Petitions against the Con- 
firmation of it, and praying a Review, so that the Road might be 
altered, in order to accommodate them and others residing in' the 
most Southern Parts of that County. They then made their seve- 
ral Objections to the Road as laid out, some complaining that the 
Road, by running through their Lands, cut their Fields and Mead- 



694 MINUTES OF THE 

0W8 in such a Manner as would do them great Injury, and others 
asserting that a straiter and better Road might be laid out, leading 
in a direct Course from Strasburg to the Middle Ferry on Schuyl- 
kill, leaving the Ship Tavern on the Lancaster Road about four 
miles to the Northward, which would not only be more convenient 
for the People of Strasburg and other parts of Lancaster County, 
but also be of much greater Use and Benefit to those of Chester 
County in general. 

Several of the Persons appointed to lay out the new Road also 
attended the Board, and replied to the Objections which were made, 
and they represented to the Board that they had taken very great 
Pains to discover the best Grounds for the Road, so as to lay out 
the same as strait and level as the Nature of the Country would 
admit of, and to do as little Injury to individuals as possible, and 
that upon a careful Examination, they found the Country to the 
Southward of the laid out Road so broken and Hilly in many 
Places as not to admit of a strait and tolerable Road through the 
same. 

There being but a small Board met, it was judged proper to post- 
pone the further Consideration of this Matter till Saturday the tenth 
of November next. 



At a Council held at Philadelphia, on Saturday 20th Octo- 
ber, 1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&ca. 

William Logan, _ Benjamin Chew, ? ggq^jres. 

James Tilghnuin, 5 

The Munsey Indians who spoke to the Governor on the sixth of 
this Month, being desired to attend this Morning at the Governor's 
House to receive his Answer, Mcetham the Chief, and ten ovher In- 
dians, with Isaac Still, their Interpreter, appeared at the Board ac- 
cordingly, when the Governor spoke to them as follows, viz'-: 
" Brethren : 

"I am glad to see you here, and by this String of Wampum I 
bid you welcome, and wipe the Sweat and Dust from your Bodies, 
which you hav3 contracted in coming down on your Road here. I 
am now going to speak to you in answer to what you said to me a 
few Days ago, and by this String open your Ears and Eyes that you 
may see me clearly, and hear distinctly what I hifve to say to you. 
I also cleanse your Throats, that what I speak may have a free 
Passage to your Hearts. 

A String. I 



PROVINCIAL COUNCIL. 69^ 

*' Brethren : 

" You told me you were come from Welowanung, or the big 
Horn, where you live and keep a great Fire, and that as you came 
along you observed the Road to be much obstructed with Dirt and Nas- 
tincss, and very Bloody; that you swept all the Dirt and Filth 
away, and cleansed all the Blood from our Bodies and Houses. 
You also told me you savir a great many of our Brethren's Bones 
lying about on the Road in different Places; that you collected 
them together, and carried them out of the Road to a Place where 
no Person had ever been, and buried them under the Roots of a 
great Tree, so deep that neither any of us, nor our Children, nor 
Grand Children, may ever see them again or know where they were 
buried. , 

*' Brethren : 

" It gives me great Concern to think there should be any Blood 
or Bones of our Brethren or Friends lying scattered on the Road 
and unburicd at this Time ; I thought they had been buried long 
ago. I know I did every Thing oq my part to bury them, and to 
wipe away the Tears from the Eyes of their Relations and i'riends, 
and remove the Sorrow from their Hearts, by my Messages and 
Belts sent to Sir William Johnson on that Account, with a Quan- 
tity of Goods to cover their Graves, and I have been since informed 
it was regularly done, to the Satisfaction of all Relations and Friends 
concerned. I now heartily join my Hands with yours, and remove 
all the Blood from the Roads, and wipe all places clean that have 
been sprinkled or stained with it; and I collect together and bury all 
their JJones so deep under Ground that neither you, nor we, nor 
any of our Children, or Grand Children, may ever see them again 
or know they ever lay there. 

A Belt. 

" Brother : 

" You tell me there is some thing the Matter with my Heart ; 
that it lies all on one side; that you make it strait and good, as it 
used to be when we talked goods words together at the Treaty at 
Easton. 

*' Brethren : 

'' I am sorry you should think there is any thing wrong in mj 
Heart; I am afraid some evil Spirit has been whispering some thing 
that is not true in your Ears. Be assured my Heart is good and 
sound, and full of Love for all ray Brethren, the Indians ; It does 
not lie on one side, as you say, but in the middle of my Breast; I 
have nothing but good will for my Brethren, and you may always 
depend on this, that when my Mouth speaks good words to you. 
they always come from my Heart. 

A Belt. 
" Brethren : 

" I thank you for removing all the Stumps anl Stones from the 
Road between your Towns and this City, and for clearing awav the 



696 MINUTES OF THE 

Bushes and every other Thing that Stopped it up. I do by thia 
Belt, jom you in making that Koad so clean that nothing shall re- 
main in it that can hurt the feet of any of my Brethren and Frienda 
when they travel it, and so clear that we may see each other from 
from our own Houses. 

A Belt. 
*' Brethren : 

" I am sensible of the great distance you now have to travel to 
trade and supply yourselves and your Families with Blankets and 
other Necessaries. Agreeable to your request, I will speak to and 
encourage some of my People to come and build a Store House 
among you, to supply you with every Thing you may want to 
buy, and to endeavour to get a Smith to go with him to mend 
your Guns. 

A Belt. 
" Brethren : 

*' You tell me you don't come down here of your own accord^ 
but that you are sent by the six Nations, and desire me to look 
towards your Country ; that you and the six Nations desire to 
come down next Spring, to see and talk with me ; that you have 
a great deal to say to me, and would be glad to know whether 
I should chuse to receive you here at our Council Fire or at 
Easton. 
" Brethren : 

" The Six Nation Indians and others of our friendly Indians, 
have been told by Sir William Johnson, that he and He alone, 
has a Commission and Order from our Great King on the other 
side of the great waters, to hold Treaties and confer with Indians, 
and that when they want to speak any Thing that is in their 
Hearts, he has told them they must come to him and speak first 
to him. 
" Brethren : 

" It will always give me Pleasure to see my Brethren, the In- 
dians, when they have any Thing in their Hearts to say to me, but 
S.S Sir William Johnson is appointed by the Great King to confer 
with all Indians to the Northward and Westward, I cannot now fix 
■.my Time or Place to meet and confer with you in a Treaty till I 
have wrote to Sir William Johnson, and mentioned your desire to 
him. This I shall do immediately, and when I receive his An- 
Bwer I shall send a Messenger to you on Purpose ; In assurance 
of which I give you this Belt. 

A Belt. 
'* Brethren : 

" I thank you for the Care you took in delivering ray message 
and Belt sent you about a year ago, and to hear that every 
thing was done agreeably to my De?ire. 



PROVINCIAL COUNCIL. 697 

" Brethren : 

" I desire you will inform our Brethren, the six Nation Indians, 
and others of our Friends, that I eloathed the Cherokee Indian and 
his wife and Child who came down with you, and sent them by 
Water to South Carolina, and gave him a Letter to the Governor 
there, desiring him to take Care of him, and send him the short- 
est and safest way to the Cherokee Town where he lived. This 
I did because it would be much easier and safer for him than to 
travel all the way by Land, through the several Governments, and 
I am assured the Governor of Carolina will take great care of 
him. 

A Belt. 
" Brethren : 

" You tell me you are poor and desire me to look on you as such, 
I have always been ready to assist my Brethren, the Indians, 
when they stand in need of my Help. I assure you Brethren, I 
am at present very poor myself. The Cloaths I generally give the 
Indians are all made on the other side the Great Waters. The 
Ships that bring them before Winter sets in are not yet arrived, so 
that there are very few Blankets or any Indian Goods iu this Town ; 
what few I could find in Town I have bought and now give you, 
and hope they will keep you warm this Winter, and desire you to 
accept them as a Mark of my Love and good will towards you." 



New Castle, Tuesday 23d of October, 1770. 

Three Members of Assembly waited on the Governor with a 
Message from the Mouse, acquainting him that they had met on 
the 20th of this Month, pursuant to the Charter and Laws of the 
Government, and had proceeded to chuse their Speaker, and desired 
to know when and where they should wait on him to present him 
for His Honour's Approbation ; and the Governor having answered 
that he should be ready to receive the House immediately, at Mrs. 
Clay's, they accordingly attended there and presented John Vining, 
Esquire, as their Speaker, who, after being approved by the Gov- 
ernor, claimed the usual Priviledges, which were allowed, and then 
they withdrew. 



Eodem Die. 

A Committee of the Assembly waited on the Governor and ac- 
quainted him that the House were duly qualified, and desired to 
know ir His Honour had any Business to lay before them ; to which 
the Governor replied that he had none at present. 



608 ■ MINUTES OF THE 

Saturday, November od, 1770. 

The Assembly having sent up to the Governor for his perusal 
and Concurrence the four following Bills, they v?ere duly read and 
considered, and this day returned to the House by the Secretary, 
with the Governor's assent to the three first mentioned Bills, and a 
few small Amendments to the other; to which Amendments the 
House immediately acceded, Viz'- : 

" An Act to invest John Clayton with an exclusive Priviledge 
and Benefit of making and selling a Machine for threshing of 
Wheat, on a Model by him invented." 

*•' An Act for killing of Squirrels in the County of Kent." 

'' An Act obliging Persons returned and appointed for Constables 
to serve accordingly, and for ascertaining their Fees." 

" An Act for the more efi"ectual embanking, draining, and im- 
proving the Marsh, Cripple and low Laud on Herring Gut Branch, 
in little Creek Hundred, and County of Kent, upon Delaware, in 
the Tenure and Occupation of John Brinckle, Jonathan Osborn, and 
others." 

Three Members afterwards presented to the Governor another 
Bill for Concurrence, entituled " A Supplementary Act to an Act 
entituled 'An Act for regulating Elections, and ascertaining the 
Number of Members of Assembly,"' which being read, the Governor 
judged that he had not sulficient Time before the breaking up of 
the Assembly fully to consider it, and therefore sent a Verbal Mes- 
sage to the House by the Secretary, acquainting them that for that 
Reason he proposed to keep it iu his Hands, under Consideration, 
Hill the next sitting of the Assembly, as he knew it could be at- 
tended with no Disadvantage to the Public. 



At a Council held at Philadelphia on Wednesday 7th November, 
1770. 



PRESENT : 



The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c'- 

James Hamilton, Bcniamin Chew, } -r^ 

r fr-i 1 "^ > Esquires. 

J ames 1 ilghman, 3 

The Governor laid before the Board a Transcript of a Record 
of the Conviction of George Allen for Horse Stealing, whereby it 
appears that at a Court of Oyer and Terminer and General Goal 
delivery, held at New Castle, for the County of New Castle, ou 
Monday the 15th day of October last, before John Vining, Richard 
McWilliams, Caisar Rodney and David Hall, Esquires, Justices of 
the Supreme Court and of the said Court of Oyer and Tetminer, 
the said George Allen was tried and convicted upon his own Con- 



PROVINCIAL COUNCIL. 699 

fession, of feloniously stealing a Gelding, of the Value of fifteen 
Pounds, the Property of Robert Wallace, on the 18th of September 
last, and had received Sentence of Death for the same. The said 
Record being taken into Consideration, and the said Justices having 
recommended the said George Allen as an object of Mercy, The 
Governor was pleased to order that a Pardon should be made out, 
under the Great Seal of the lower Counties, and delivei-ed to him. 

By the Transcript of another Record of Conviction, laid also be- 
fore the Board, it appears that at a Court held for the Trial of 
Negroes at Philadelphia, for the City and County of Philadelphia, 
on the 24th day of October last, before George Bryan and James 
Biddle, Esquires, two of His Majesty's Justices, &c*' duly Com- 
missionated, with the Assistance of six substantial Freeholders of 
t'he said County, legally sworn and affirmed, a certain Negroe Will, 
the Slave of Luke Morris, of the said County, was tried and con- 
victed of Felony and Burglary committed on the 1st of March last, 
in the Mansion House of a certain Thomas Lee, in the said County 
of Philadelphia, and that the said Negroe had received Sentence of 
Death for the same. 

The Governor at the same Time, laid before the Board a Petition 
in behalf of the said Criminal, from his Master, and subscribed by 
the Justices and Freeholders before whom the said Negroe was 
tried and convicted, recommending him as a proper Object of Mercy. 
The Council taking the Matter into Consideration, advised the Gov- 
ernor to grant him a Pardon, on Condition that his Master should 
immediately transport him out of this Province, and give Security 
that he shall never again return into it. 



MEMORANDUM, The 8th of November, 1770. 

This day the Governor was pleased to appoint Phillips Kollock, 
Esquire, to the Offices of Clerk of the Orphans' Court for the County 
of Susses, and Ragister for the Probate of Wills, and granting Let- 
ters of Administration in and for the said County of Sussex, by two 
distinct separate Commissions, in the room of his Father, Jacob 
Kollock, Esquire, who resigned. 



At a Council held at Philadelphia, on Saturday the 10th of No- 
vember, 1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &€•*■ 

William Logan, Benjamin Chew, ) j; j^es. 

Richard Peters, James Tilghman, j ^ 

The Consideration of the Return and Survey of the new Road 
laid out from the Middle Ferry, on Schuylkill, to the Ship Tavern, 



700 MINUTES OF THE 

on the Conestogoe Road, and thence to the Village of Strasburg, in 
the County of Lancaster, was this day resumed, when a Petition 
from divers Inhabitants of that County, and one from the Merch- 
ants and others of the City of Philadelphia, representing the use- 
fulness and necessity of that Road, and praying a confirmation of it, 
were presented to the Board and read. Several Inhabitants of 
Chester County, at the same Time attending at the Board, presented 
other Petitions, chiefly from'the People of that County, against the 
said Road, which were likewise read, and the Objections made by the 
Persons present were duly heard ; Whereupon, the Board, after full 
Consideration had of the several Matters contained in the Petitions, 
and the Declarations made by the Persons who were appointed to 
View and lay out the Road, were of Opinion that the same ought to 
be confirmed, And the said Road is accordingly, by the Board, ad- 
judged to be for ever hereafter a Public Road or King's High- 
way, and Ordered to be opened of the breadth of Sixty feet at least, 
• and to be recorded in the Council Book, as the Act of Assembly in 
that Case Directs. 

It is further Ordered, that the Supervisors of the Highways for 
the several Townships in the Counties of Philadelphia, Chester, and 
Lancaster, through which any part of the said Road leads, do, with 
all convenient Speed, cause the same to be cleai-ed and opened through 
their respective Townships, according to the Courses and Distances 
set forth in the said Return of Survey, which follows in these words. 
Viz'-: 

To the Honour able JOHN PENN, Esquire, Lieutenant Gover- 
nor, and Commander-in-Chief of the Province of Pennsyl- 
vania, and Counties of Newcastle , Kent, and Sussex, on Delaware, 
and to his Honourahle Council. 

Pursuant to the annexed Order, We, the Subscribers, having 
spent much Time in making search and viewing the Ground for 
a Road or King's Highway, as therein is directed. Do lay out a 
Road or King's Highway Irom the Middle Ferry on Schuylkill, to 
the sign of the Ship, on the Conestogoe Road, and from thence to 
the Village of Strasburg, as is above represented, and according to 
the following Description, Viz'- : Beginning at the West end of 
the said Middle Ferry Wharfe, thence North seventy Degrees, West 
four hundred and ninety two Perches to a marked black Oak, on the 
Brow of the Hill on the East side of Mill Creek; thence West 
thirteen Perches ; thence South seventy-two Degrees, West thirty- 
three Perches, crossing the said Creek, to a marked Hickory ; thence 
North eighty-two Degrees, West five hundred and sixty-three Perches 
to a White Oak on the South-East side of Cobb's Creek, which is 
the Line dividing the Counties of Philadelphia and Chester, at 
about three Perches from the same ; thence North fifty-six degrees 
and an half West, crossing the said Creek at about half a Perch 



PROVINCIAL COUNCIL. 701 

below the present Bridge thirty-seven Perches, to a heap of Stones 
about three Perches South- West of a Water Course ; thence South 
eighty-three degrees, West one hundred and sixty Perches, to a 
White Oak, standing about fourteen Perches from the Southward 
most part of John Seliers's Mill Race; thence North seventy-three 
Degrees, West eleven hundred and forty-four Perches ; thence North 
sixty-nine degrees, West one hundred Perches; thence north sev- 
enty-four Degrees, West forty-eight Perches, to a small upright 
Rock, at about a Perch and an half south of a rocky point of a Hill ; 
thence North sixty degrees and an half. West twenty-four Perches 
to Darby Creek ; thence the last Course continued, fifty six Perches; 
thence North forty-six degrees. West forty-four Perches; thence 
North seventy-five degrees and an half. West ninety-six perches, to 
a Stone on a narrow Ridge opposite a Spring in John Morris's 
Field ; thence the last Course continued, four hundred and ninety- 
two Perches to a Black Oak in Newtown Road, on a narrow Ridge 
between two deep Hollows; thence North eighty-four degrees, West 
one hundred and eighty-six Perches, to a large English Cherry Tree, 
at the end of Richard Fouke's Lane ; thence North seventy eight 
degrees, West eighty seven Perches ; thence North' seventy degrees, 
West one hundred and fifty-three Perches, to the intersection of 
several Roads near Newtown School House ; thence South eighty- 
eight degrees. West three hundred and forty-eight Perches, to a 
Lane ; thence North eighty-five degrees, West one hundred and 
fifcy Perches, to a black Oak, in or near the Line dividing the Lauds of 
Nathan Lewis and William Rees; thence North sixty-nine degrees, 
West eighty-seven Perches, to a white Oak on the East Bank of 
Crumb Creek ; thence North seventy-eight degrees, West one hun- 
dred and sixty Perches ; thence on or near the old Road and a Line 
dividing the Lands of Francis Yarnall and Isaac Thomas, South 
eighty six and an half, West eighty Perches to a Chestnut Tree, 
a Corner of said Francis Yarnall's Land ; thence North seventy- 
four degrees and an half, West four hundred and sixteen Perches, 
to the upper part of a hollow opposite a Tan Yard ; thence North 
sixty-four degrees. West three hundred and fourteen Perches ; thence 
North eighty four degrees, West four hundred and five Perches, 
into an old Road opposite the House of Jesse Garret ; thence North 
seventy-six degrees and three quarters, West passing between the 
dwelling House and Spring House of Isaac Williams, twelve hun- 
dred and eighty Perches, to the Tree on which the sign of the Boot 
hangs, near the Tavern called the Boot; thence North seventy- 
three degrees, West one hundred, and thirty Perches, into the Old 
Road opposite the House of Lawrence Rice ; thence South eighty- 
nine degrees and an half. West four hundred and sixteen Perches ; 
thence South sixty-four degrees. West one hundred and forty-eight 
Perches; thence south Seventy-five degrees and an half, West two 
hundred and seventy Perches, to the Westwardmost end of a Row 
of Cherry Trees; thence South eighty -nine degrees, West seventy- 



702 MINUTES OF THE 

two Perches, to Wilmington Road ; thence down the Valley Hill 
the four following Courses and Distances, Viz'-: North sixty-one 
degrees-, West ninety-two Perches ; thence North seventy-six de- 
grees, West seventy-two Perches; thence North sixty-eight De- 
grees, West forty Perches ; and thence North forty-eight degrees, 
West Sixty Perches, to the foot of the Valley Hill; thence South 
eighty-three degrees, West three hundred and forty-eight Perches, 
to Joshua Baldwin's Line; thence South eighty-seven degrees. 
West four hundred and eighty Perches, to Conestogo Road ; thence 
along the said Road, south, seventy-three degrees, West one hun- 
dred and sixty-four Perches, to the sign of the Ship ; thence South 
aeventy-one degrees, West three hundred and fifty-eight Perches ; 
thence South eighty-nine degrees, West two hundred and sixty-three 
Perches, to a black Oak, to the west of Thomas Pimm's Lane ; 
thence South seventy-seven degrees and three quarters, West five 
hundred and sixty Perches, to amarlied black Oak, at about twenty- 
eight feet South of Alexander Fleming's Public House ; thence 
the last mentioned Course continued two hundred and fourteen 
Perches to a Spanish Oak ; thence South sixty-eight degrees. West 
fifty-two Perches, to a marked black Oak on the West branch of 
Brandywine; thence South sixty-six degrees and three quarters, 
West eighty Perches; thence South sixty-nine degrees and an half, 
west one hundred and twenty Perches ; thence South seventy-eight 
degrees and an half, West two hundred and eighty Perches, to a 
Orab Tree ; thence South seventy-two degrees and three-quarters, 
West three hundred and eight Perches, to a marked Ash by a Spring ; 
fchence South seventy-eight degrees. West two hundred and twenty 
Perches, to Wilmington Road ; thence North seventy-eight degrees, 
West two hundred and forty Perches, to a Branch of Buck Run ; 
thence South seventy-nine degrees, West one hundred and eighteen 
Perches, into the old Road opposite a Store House near Thomas 
Trueman's House ; thence South eighty-four degrees. West two 
hundred and sixty-two Perches, into Marshe's Lane, to the Westward 
of the Barn ; thence up the Valley Hill, North seventy-two and 
an half degrees. West two hundred and ninety-eight Perches, to an 
Old House of John Boggs ; thence North seventy-four de- 
grees. West three hundred and sixty-eight Perches, near the 
Head of a Hollow, a little to the Westward of a Lane, on a 
Line dividing the Lands of William Mooi^e and William Powell, 
thence North seventy-nine degrees, West fJve hundred and twenty 
Perches, to a niarked Ash ; thence North sixty degrees, West three 
hundred and one Perches, opposite to the Head of a Spring, near 
Samuel Syraonds's House ; thence North seventy-two degrees and 
an half, West two hundred and sixty-two Perches, to opposite the 
Bast end of the Sheds belonging to the Gap Tayern ; thence North 
fifty-five degrees. West ten Perches, to opposite the Front door of 
the said Tavern; thence North thirty-five degrees. West seventy- 
four Perches, to a Stake twenty-seven feet West of a Stone Spring 



PROVINCIAL COUNCIL. 70S 

House; thence North eleven and an half degrees, West eleven 
Perches, to a marked Spanish Oak; thence North eighty-nine de- 
grees, West twenty-three hundred and thirty-eight Perches, to a 
Stake ; thence South eighty-eight degrees, West two hundred and 
nineteen Perches, to a white Oak at the East end of Strasburg street ; 
thence by the said street North seventy-two degrees, West forty- 
nine Perches, to a Stone, and thence North eighty-four degrees fifty- 
Minutes, West one hundred and eighty Perches, to a Stone in the 
intersection of the said street, with a Koad leading to Lancaster, 
Which Road, if properly opened and well made, will be of great 
Utility and Advantage to the City of Philadelphia, as well as to the 
Inhabitants of this Province to the Westward, it being much shorter 
and on better Ground thaiti the old Conestogo Road, besides suiting 
a number of People to the South of the old Road, who now have 
no convenient Road to the said City. 

"JOHN MORTON, 
"JOHN SELLERS, 
"JAMES WEBB, 
"JOSEPH FOX, 
"JACOB LEWIS, 
"DAN^ WILLIAMS. 
"August 15th, 1770." 



At a Council held at Philadelphia, on Tuesday 11th December, 
1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

Richard Peters, Benjamin Chew, ") ^ 

James Tilghman, } ^ 

The Governor laid before the Board A Petition from divers In- 
habitants of Philadelphia, Bucks, and Northampton Counties, setting 
forth, " that about fifteen years ago Petitions were exhibited to the 
respective Courts of Quarter Sessions of the said Counties of Phila- 
delphia and Bucks, praying that a Road might be laid out on the 
Line dividing the said Counties, to be begun in a Road formerly 
called Chamberlain's Mill Road, and to extend thence North West 
along the said Line to the new great Swamp Road ; that the Courts 
accordingly appointed Men to view, and if the Ground would admit, 
and they saw it necessary, to lay out the same ; that the viewers 
met, and being unanimously of Opinion that a Road in that Place 
was both necessary and practicable, laid out the same according to 
the desire of the Petitioners, but that upon some Doubts arising 
about the Legality or Propriety of the Proceedings, the Matter was 
discontinued and no confirmation obtained; and that as the Peti- 



704 MINUTES OF THE 

tioners are of Opinion such a Road is still wanted, and that it ought 
to be extended both higher and lower, they most humbly pray the 
Governor and Council would be pleased to appoint Men to view and 
lay out the same, beginning in a Koad leading from Wright's Town 
to Bibury, and to extend thence on or as near the Line aforesaid as 
may be, to another great Road commonly called the Macungy Road, 
(near Michael Hurfocker's), or so much thereof as may appear ne- 
cessary and Convenient." 

The Board taking the said Petition into consideration, do order 
and appoint John Bull and Evan Thomas, Esquires, and Joshua 
Morris, of Philadelphia County, and Joseph Kirkbride, Thomas 
Barnsley, and John Kidd, Esquires, of Bucks County, to view the 
Grounds, and if they, or any four of them, think the Road petitioned 
for necessary for the Public, to lay out the same in the manner they, 
or any four of them, shall judge will be most advantageous for the 
Public Service, and least injurious to Private Persons through 
whose Lands the same may pass, and to make Report thereof to the 
Governor and Council, on or before the first day of June next, for 
their further Consideration, that they may do therein what shall ap- 
pear most for the public Benefit. 

It being represented to the Board that a Commission is wanted 
for the Trial of Negroes in (Cumberland County, the Governor, with 
the advice of the Board, ordered one to be issued, appointing John 
Armstrong and John Byers, Esquires, Justices for holding Courts 
in that County for the Trial of Negroes, according to Law. 



At a Council held at Philadelphia, on Wednesday 12th De- 
cember, 1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c^- 

James Hamilton, Richard Peters, 

Joseph Turner, Benjamin Chew, 



uosepu 1 uruer, x>euja.miri v^uew, lEsquireS. 

William Logan, Thomas Cadwalader, [ ^ 

James Tilghman, J 

Pursuant to the Summons wrote by the Secretary to all the Mem- 
bers of Council by the Governor's Command, requesting their At- 
tendance this Morning for the Election of some new Members, the 
Board met, and His Honor acquainted them that there were now 
two vacant Seats in the Council, which he thought necessary to be 
filled up, and therefore proposed Andrew Allen and Edward Ship- 
pen, Junior, Esquires, as Persons well qualified to serve as Mem- 
bers of Council, who were unanimously approved of by the Board. 
It is, therefore. Ordered that those Gentlemen have Notice given 
them hereof by the Secretary, and that they be summoned to attend 



PROVINCIAL COUNCIL. 705 

at the next meeting of Council, in order to take the usual Qualifi- 
cations, and be admitted to their Seats at this Board. 



At a Council held at Philadelphia, on Monday 24th December, 
1770. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor,, 
Ac- 
Richard Peters, ? t-i • 
T rr-i u l Jiisquires. 

James lilghman, ^ ^ 

Andrew Allen and Edward Shippen, Junior, Esquires, having 
been summoned to attend the Council this Day, appeared at the 
Board, and took and subscribed the usual Oaths and Declarations 
enjoined by Law, and also an Oath for the faithful discharge of 
their Duty as Members of the Proprietary and Governor's Council, 
and were admitted to their Seats accordingly. 

One of the Members represented to the Board that a new Com- 
mission for the trial of Negroes was wanted in Chester County, 
it being a Matter of some doubt whether the present Commissioa 
is not superseded by the issuing of the late General Commissioa of 
the Peace. The Governor, therefore, with the advice of the Board, 
judged it proper, in Order to remove such Doubt, to issue a new 
Commission, appointing John Morton and William Parker, 
Esqures, Justices for holding Courts for the trial of Negroes in the 
said County, according to Law. 



MEMORANDUM. The 8th of January, 1771. 

Two iMembers of Assembly waited on the Governor, and ac- 
quainted him that the House had met pursuant to Adjournment, 
and therefore requested to know if His Honour had any Business ta 
recommend to them, to which the Governor replied that he had none 
at present. 



At a Council held at Philadelphia, on Thursday 24th January, 
1771. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &c*- 

Benjamin Chew, Andrew Allen, ? ^ 

Edward Shippen, 5 ^^^q^'irea.. 

The Governor laid before the Board for their (/onsideration a 
Letter which he received by the last Packet from the Right Hon- 
VOL. IX. — 45, 



766 MINUTES OF THE 

orable the Earl of Hillsborough, His Majesty's Secretary of State 
for the American Department, dated the 15th of November, 1770, 
inclosing an Extract of a Letter from Sir William Johnson, and of 
a Conference held by him last Summer with the six Nations, which 
were severally read, and the said Letter follows in these Words, 
Viz': 

" (Circular). 

" Whitehall, 15th November, 1770. 
"Sir: 

"The inclosed extract of a Letter I have very lately received 
from Sir William Johnson, will fully inform you of the complaints 
made by the six Nations of Indians, and their Allies and Confede- 
rates, at a Congress held in July last, at the German Flatts, of the 
abuses and Violences committed by the Traders and Frontier Inha- 
bitants of several of His Majesty's Colonies, and the enclosed ex- 
tract of the Conferences will point out to you how earnest the In- 
dians have been in those Complaints, and what is likely to happen 
if they are not redressed. 

" After the King had thought fit, from a Regard to the Claims 
and Opinions of the Colonies, to leave it to them to make such regu- 
lations concerning the Indian Commerce as they judged proper, 
there was good reason to hope that a Matter on which their Interest 
and Safety do so much depend, would have been an immediate Ob- 
ject of their Serious deliberation ; but as, contrary to all expecta- 
tion, nothing effectual appears yet to have been done, and as the 
Indians have, in the strongest Manner, expressed their impatience 
under the Abuses to which they are constantly exposed, the King 
has commanded me to signify his Pleasure that you should without 
delay, represent this Matter in the Strongest Manner to the As- 
eembly of the Colony under your Government, and urge them, in 
Hie Majesty's Name, to fall upon some Means of putting Indian 
Affairs under such regulation as may have the Effect to prevent 
those Abuses of the Trade, and those Violences and encroachments 
of the Frontier Inhabitants, which the Indians so justly complain 
of. 

" I am, Sir, 

" Your most obedient humble Servant, 

"HILLSBOROUGH." 

" Deputy Governor of Pennsylvania." 



The Board having taken the said Letters, &c° • into consideration^ 
were of Opinion that the Contents of the Secretary of State's Let- 
ter should be communicated to the Assembly by a Message, and its 
inclosures laid before them : and that the Governor should recom- 



PROVINCIAL COUNCIL. 707 

mend it to them in the strongest Manner, to take the most effectual 
Measures for complying with His Majesty's Pleasure therein signi- 
fied. And it was agreed that a Draft of a Message should be accord- 
ingly prepared, to be laid before the Board at their nest Meeting. 



MEMORANDUiM, the 25th of January, 1771. 

The Governor having received information that a Commission 
is wanted in the County of New Castle, for the trial of Negroes, 
(as one of the Gentlemen named in the last Negroe Commission for 
that County has since been created a Justice of the Supream Court 
and of the (Jourt of Oyer and Terminer), his Honour this day issued 
one, appointing Even Rice and David Finney, Esquires, Justices 
for holding Courts in that County for the trial of Negroe and Mu- 
latto Slaves, according to Law. 



At a Council held at Philadelphia on Monday 28th January, 
1771. 

present: 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
Ac- 
Benjamin Chew, James Tilghman, ) 
Lynford Lardner, Andrew Allen, V Esquires. 
Edward Shippen, Junior, ) 

The Governor laid before the Board four Bills sent up by the 
House for his Concurrence, entituled as follows, viz*-: 

" A Supplement to the Act entituled ' An Act for the better regu- 
lation of Servants within this Province and Territories.'" 

" A Supplement to the Act entituled ' An Act for erecting part 
of the Counties of Philadelphia, Chester and Lancaster, into a sepa- 
rate County.'" 

** An Act to prevent the Destruction of Rock Fish and Oysters;" 
and 

" An Act to regulate the Fishery in the River Schuylkill," which 
•were severally read and considered, and the Secretary was directed 
to return the same to the Assembly, with three small amendments 
which were made to the first mentioned Bill, and a Verbal Message 
to the House that the Governor gave his Assent to the other three. 

The Draft of a Message to the Assembly, on the subject of the 
Earl of Hillsborough's Letter of the 15th of November last, being 
prepared, was laid before the Board and approved, and the Secre- 
tary was directed to transcribe the same, and delivered it to the 
Assembly this Afternoon, with the Papers it refers to. The said 
Message follows in these Words, Viz'-: 



708 MINUTES OF THE 

A Message from the Governor to the Assembly. 

" Gentlemen : 

" In obedience to His Majesty's Commands lately signified to me 
by the Earl of Hillsborough, I am now to acquaint you that at a 
Congress held at the German Flatts in July last, by Sir William 
Johnson, with the Six Nations, their Confederates and Allies, they 
loudly complained of Abuses and Violences committed by the Tra- 
ders and frontier Inhabitants of the Colonies, strongly intimating 
that unless they are speedily redressed, and effectual Measures 
taken in future to prevent the like mischiefs, it will be impossible 
to restrain their young Men and Warriors from Acts of Revenge. 

*'I have ordered the Secretary to lay before you an Extract of 
one of the Conferences at the Congress, and of Sir William's Letter 
to the Earl of Hillsborough on this Subject, he transmitted me by 
his Lordship, which will make known to you the particulars of the 
Indian Complaints. 

'' You must be sensible Gentlemen, that the cultivating a lasting 
Friendship with the Indians, and the conciliating their Affections 
by all possible Means, are objects of the greatest Importance to His 
Majesty's Interest in General, and the Peace and Welfare of the 
Colonies in particular, 

*' Motives of Justice and good Policy alone would, I am persua- 
ded, incline you to take this Matter into your most serious Consid- 
eration. But when you are informed that his Majesty has been 
pleased expressly to Order me without Delay, to represent it to 
you in the strongest Manner, and urge you in his Name to fall on 
some Means of putting Indian Affairs under such regulations as may 
have the, Effect to prevent the Abuses of the Trade, and those 
Violences and Encroachments of the frontier Inhabitants which the 
Indians so justly complain of, you will, I make no doubt, hold your- 
selves bound by the Ties of Duty and Respect to your Sovereign, 
to give this Business the first Place in your Deliberations. 

"JOHN PENN. 

" January 28th, 1771." 



At a Council held at Philadelphia, on Saturday 2d February^ 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

Benjamin Chew, Andrew Allen, -p 

James Tilghman, Edward Shippen, Junior. -"Squires. 

The Governor laid before the Board a written Message he just 
BOW received from the Assembly by two Members which was 
xead, and follows in these words, Viz'- : 



PROVINCIAL COUNCIL. W 

A Message to the Governor from the Assembly. 

'' May it please your Honour : 

" We have taken into consideration your Message of Monday 
last, with the Papers therein referred to, and have paid the strict- 
est Attention, as it was our Duty, to the Representation made to 
us in the Name of our gracious Sovereign. 

" We are extremely sensible of how great Importance it is to 
His Majesty's Interest, and the Peace and Welfare of the Colonies, 
to Cultivate a lasting Peace with the Indians, and to conciliate 
their AflFections, and are very desirous of giving all the Assistance 
we can for promoting Purposes of such extensive Consequence, but 
we have too much Reason to be convinced, that our Power on this 
Occasion is not equal to our Zeal for His Majesty's Service, and 
for the Tranquility of the Colonies. 

" A Law was made in this Province many years ago, to pre- 
vent those particular 'Abuses in the Trade,' which are men- 
tioned in Sir Vv^illiam Johnson's Letter to the Earl of Hillsborough. 
The Regulations therein contained, are so prudently formed and so 
severely enforced, that we are inclined to believe it will be impos- 
sible for us, without the Concurrence of the other Colonies in some 
general Plan, to pursue any Mode that will prove effectual on this 
Head. 

" Numbers of very profiigate Persons from several Provinces go 
amongst the Indians to trade, and as they traffick through the whole 
Country without Restraint, and may elude the Laws of the Go- 
vernment to which they belong by retiring into another, Difficul- 
ties arise in detecting and convicting Offenders, that We apprehend 
cannot be removed but by the Method proposed in your Honor's 
Message to the last House of Assembly, recommending to them to 
frame a Bill for appointing Commissioners to meet with other Com- 
missioners of the neighboring Colonies, to form and agree on a 
general Plan for the Regulation of the Indian Trade, with which 
they complied ; but as a Meeting of those Commissioners has not 
hitherto been had, the desired effect has not yet been attained. 

'* As to the ' Violences' in general, complained of by the Indians 
in the Congress at the G-ermaa Flats, we beg leave to observe that 
this Province has ever been careful to remove every Cause of In- 
dian Complaints. 

" In the eighth Year of the present Reign this Province granted 
three thousand Pounds ' for defraying the Expence of Presents of 
Condolance, and such other Gift^ as should be necessary to remove 
the Discontents of the Indians.' Much the greater Part of this 
Sum was remitted to Sir William Johnson and his Deputy, George 
Croghan, E.squire, and the whole expended for those purposes. The 
Indians, on these Presents being made, expressed themselves en- 
tirely satisfied for all the Injuries they had received from the People 
of Pennsylvania. The Laws now subsisting have fully provided 



710 MINUTES OF THE 

for the Punishment of those who shall hereafter offer any Outrages 
within the Limits of this Province. 

" With respect to the last Subject of the Complaints made by 
the Indians concerning 'Encroachments of the Frontier Inhabi- 
tants ' on their Lands, we beg leave to remind Your Honour 
that the year before last An Act of General Assembly was passed, 
imposing heavy Penalties on Persons who should presume to settle, 
make Surveys, or cut down Trees on any Lands within the Boun- 
daries of this Province, not purchased of the Indians, Provision 
having been made in the Reign of the late King to prevent any 
Persons even from Hunting on such Lauds 

"Motives of '' Duty," "Justice," and " Policy," will ever induce 
us to take all proper Means for redressing the Greivances of In- 
dians, and establishing an Intercourse with them on Terms that 
may produce a permanent and mutually benefical Harmony. 

"If your Honour can point out any Measures likely to answer this 
good End, that have not occurred to us, we shall cheerfully and 
immediately unite with you to carry them into Execution. 
" Signed by order of the House. 

" JOS. GALLOWAY, Speaker. 

"February 1st, 1771." 

Then were laid before the Board and read, the Depositions af 
Aaron Vancampen and Peter Kachlein, the Sheriff of Northamp- 
ton County, and sundry other Depositions, Examinations, and Let- 
ters, relative to the apprehending Lazarus Stewart, the particulars of 
his Escape, and afterward his violent Proceedings with a Number of 
People from Lancaster County, who had joined him in taking for- 
cible Possession of the Lands at Wyoming ; their cruel and inhu- 
man Treatment of the People whom they had dispossessed, and 
Stewart's Opposition to the Sheriff of Northampton, who went 
there to execute a Writ and Warrant against him, and some of his 
Accomplices, together with his treacherous Murder of Nathan Og- 
den, who was one of the Sheriff's Posse. 

Aaron Vancampen and Peter Kachlein's Depositions follow, in 
these Words, Viz'-: 

" Aaron Vancampen, of the County of Northampton, Farmer, 
aged fifty years, or thereabouts, beiug sworn on the Holy Evan- 
gels, deposeth and saith : 

" That He is one of those who attended the Civil Offcers at 
Wyoming, when the New England People were taken Prisoners 
there, in the Month of September last, and remained there in the 
Buildings commonly called the P'ort, with many others who held 
iinder the Proprietaries of Pennsylvania, till the eighteenth day of 
December last, as this Deponent remembers, when about three 
o'clock in the Morning, the People in the Fort being a-bed, the 
Fort was entered by a Body of Men from Hanover, in Lancaster 
County, armed with Guns and Clubs, and commanded by 



PROVINCIAL COUNCIL. 711 

Lazarus Stewart; that they upon entering the F'^rt huzxa'd 
for the Hanoverians and King George, and immediately pro- 
ceeded to break open the Doors of the Houses of the Fort; 
that they broke open the Deponent's Door, took him Pris- 
oner, beat and abused him most unmercifully, and put him as a 
Prisoner under Guard ; that they then proceeded in the same Man- 
ner through the Fort, breaking open Doors, beating and abusing 
the People, and making them Prisoners; that they then ordered 
the People within the Fort to depart immediately, and would scarcely 
give them Time to collect a small part of their Efi'eets to take with 
ihem ; that there were within the Fort when thus attacked, eighteen 
Men, six of whom made their escape, and twelve were made Pri- 
soners, and a considerable Number of Women and Children, who 
were all driven out of the Fort by the said Lazaius Stewart and 
Company, in a cruel and inhuman Manner; that there were of thig 
Company who took the Fort, twenty-three Hanoverians, and six 
New Englanders ; that the Deponent knows the Names only of La- 
zarus Stewart, John Simpson, John Robinson, Thomas Robinson, 

and Robert Frazier, of the Hanoverians ; and Littleton, 

Elijah Gore, Nathaniel Gore, Thomas Rennet, and Rennet, 

a Rrother of the said Thomas, of the New Englanders ; that the 
Evening before the Fort was taken, Major Draper, who the Depo- 
nent understood had lately been confined in Philadelphia Gaol, being 
one of the Prisoners taken at Wyoming in September, came to 
Wyoming, and the next Morning joined the Hanoverian Party in 
the Fort; that they took away the Guns from our People, and re- 
fused to return them, saying it was War fashion to keep the Arms; 
that the Deponent, in a Day or two after, as soon as he was able to 
travel, left Wyoming with his Family, and what little Effects he 
could take with him, and went over to Delaware, and further the De- 
ponent saith not. 

"AARON VAN CAMPEN 
" Sworn to the 11th day of January, 1771, before me, 

" THO'- WILLING " 



*' Philadeljihia, to wit: 

"Peter Kachlein, Esquire, Sheriff of Northampton County, 
makes Oath on the holy Evangels of Almighty God, that soon after 
last December Court at P]aston, he received a Writ, issuing out of 
the Court of General Quarter Sessions of the Peace of the said 
County, commanding him to take Lazarus Stewart, Lazarus Stewart 
the younger, James Stewart, John Simpson, Thomas Robinson, 
James Robinson, Silas Gore, Asa Luttington, Peter Kidd, Isaac 
Warner, Partial Terry, William Young, Thomas Rennet, and divers 
other Persons therein named, to answer to a certain Rill of Indict- 
ment for a Riot there found, and depending against them, which 



712 MINUTES OF THE 

Writ was teturnaWe at the Court in March next ; and shortly after 
received a Wan ant from the Honorable Thnmas Willing, Esquire, 
one of His Majesty's Judges of the Supreara Court of this Province, 
bearing date the eleventh day of January Instant, for apprehending 
Lazarus Stewart, John Simpson, John Robinson, Thomas Robinson, 
Asa Littleton, Elijah Gore, Daniel Gore, Thomas Rennet, and Joshua 
Eennet, to answer the Charge mentioned in the said Warrant; that 
Ijeing informed many of the Persons named in the said Writ and 
Warrant were at a Fort at Wyoming, in the said County, and 
threatened all Officers of Government, and set the Laws at defiance, 
he raised a Posse of the said County, to aid him in the Execution 
of the said Writ and Warrant, and proceeded with them to Wyoming 
aforesaid, where he arrived on the eighteenth day of January instant j 
that the next Morning, taking with him two of the Posse, and leaving 
the rest at some Distance, he advanced towards the said Fort, and 
having got within Gun-shot, was called to from the Fort, and ordered 
to stop, with threats of being fired at if he refused ; whereupon, alight- 
ing from his Horse, he walked quietly up to the Gate of the Fort, and 
addressing himself to two Men who were within side, desired Admit- 
tance, which they refused ; that he told them he was the Sheriff of that 
County, and had a W^rit and a Warrant to apprehend some Persons, 
who, he was informed, were within the Fort, and demanded en- 
trance, that he might execute the King's Process; that they pre- 
sented their Guns at him, and threatened to shoot him if he ad- 
vanced further, but told him he might walk round to the other side 
of the P'ort and speak with Captain Stewart, (meaning Lazarus 
Stewart), who was at the Gentry Box ; that the Deponent accord- 
ingly went there, and applying himself to the said Stewart, wha 
was one of the Persons named in the said Writ, and also in the 
Warrant, told him he was Sheriff of the said County, and had the 
King's Writ and Warrant to apprehend some Persons who were in 
the Houses, within the said Fort, and desired he might have En- 
trance to execute the said Process; That the said Stewart, in an- 
swer, said to him, *I know what my Doom is if you take me; I have 
sent down a Man to the Governor, and shall wait his answer, which 
I don't expect these three W^eeks ; If the Governor will forgive me 
all my past Crimes, and give me some Land, I'll surrender myself, 
otherwise I'll fight it out as long as I have a drop of Blood left in 
my Body,' or words to that Effect ; that he then ordered this Depo- 
nent to depart, on Peril of his Life, at the same Time presenting a 
Gun towards him ; that the Deponent told him he would give him 
Time to consider better of the Matter, and retired ; that the Depo- 
nent had several other Conversations with the said Stewart, on that 
and the succeeding day, in which he represented to him that he 
came there to do his Duty as Sheriff, and not to kill or hurt any one, 
and shewing him the said W^arrant, and reading part of it to him, 
used all the Arguments he could to dissuade the said Stewart from 
opposing him in the Execution of his Office ; that the said Stewart 



PROVINCIAL COUNCIL. 713 

and most of his Party obstinately persisted in their Eesolution to 
oppose him, and frequently threatened to fire on the Deponent and 
his Assistants ; that the Deponent still entertained hopes of gaining 
admission peaceably into the said Fort, as some few of the said 
Stewart's Party seemed well disposed, and he hoped might prevail 
on the rest ; he, therefore, continued treating with them until Mon- 
day Morning about eight or nine O'Clock, when Nathan Ogden, 
one of the Deponent's Posse, whom he had summoned to assist him, 
going up to the Fort to talk with said Stewart upon the said Stew- 
art's own Appointment, as the said Ogden told this Deponent, was 
fired at from the said Fort and mortally wounded, of which Wound 
he died in a few Minutes, and immediately thereupon a number of 
Guns, between thirty and forty, were discharged at some of the De- 
ponent's Assistants, who, to the Number of about twenty, were 
scattered about near the Fort, all unarmed, and most of them, at 
the very Time, talking peaceably to the People in the Fort, by which 
Time three of them, to wit: George Dull, Thomas Jennings, and 
John Murphy, were wounded ; that they continued firing from the 
Fort all that day at every Person that appeared within reach of 
their Guns, and in the Evening the said Stewart, with about forty 
of his Party, secretly abandoned the Fort and withdraw into the 
Woods, leaving in the Fort twelve Men who refused to go with 
them, and who surrendered themselves to the Deponent. 

"PETEFt KACHLEIN. 
''Sworn before me, this 31st of January, 1771. 
*' Will. Allen, Chief Justice." 

The Board taking the several Matters contained in the above 
Depositions, &c"' into their serious Consideration, advised the Gov- 
ernor to represent them in a Message to the Assembly, and recom- 
mend it to them to cooparate with him in bringing Lazarus Stew- 
art and the other Offenders, his Accomplices, to Justice. A Draft 
of a Message was accordingly prepared at the Board, and being ap- 
proved, was ordered to be fairly transcribed and carried by the 
Secretary to the Assembly, as soon as they should meet the begin- 
ning of next Week, together with the several Depositions and 
other Papers to which it refers. 

The said Message follows in these Words, vizt : 
" Gentlemen : 

" I think it proper to inform you that, with the Concurrence of 
the late House of Assembly, I issued in the Month of October last, 
a Proclamation, offering a Reward of fifty Pounds to any Person 
who should apprehend Lazarus Stewart of Lancaster County, for 
certain Crimes with which he stood charged, and deliver him up to 
Justice ; and tbat he was taken upon that Proclamation, and de- 
livered into the Custody of the Sheriff of York County, from whom 
he made his escape. 



714 MINUTES OF THE 

" I have enquired into the Conduct of the Sheriff on that Occa- 
sion, and though it does not appear to me that he was in any way 
consenting or Privy to the Escape, the Conduct of those to whom 
he entrusted the Care of the Prisoner on tiieirway to Philadelphia, 
(while he himself retired to rest, being much indisposed), is not 
altogether free from Suspicion. The Secretary will lay before you 
a Letter I received from Mr. Samuel Johnston, to which, and the 
Information of the York Members, I refer you for a more particu- 
lar Account of this Affair. 

" I am also to acquaint you that the same Lazarus Stewart, far 
from being awed by the Proceedings of Government against him, 
has since his Escape put himself at the Head of a Number of Peo- 
ple of his Neighbourhood, of the same lawless Disposition with him- 
self, and with an armed Force, has taken Possession of the Lands at 
Wyoming, turning off from thence the People in Possession, and 
treating them in the most inhuman and barbarous Manner. Com- 
plaint being made, (supported by Affidavit), to one of the Supreme 
Judges of this Violent proceeding, he issued his Warrant, directed 
to all Sheriffs and Officers of Justice to apprehend the said Stewart 
and some of his Accomplices, and the Sheriff of Northampton, in 
obedience thereto, and in Consequence of a Writ which issued out 
of the Court of Quarter Sessions of that County for taking the said 
Stewart and many others, to answer an Indictment there found and 
depending against them for a former Riot, raised the Posse, and 
going to Wyoming, where the said Stewart and many others had 
shut themselves up in a Fort, he took the legal and proper steps to 
execute the King's Writ and Warrant. But the said Stewart and 
his Associates, setting themselves above all Law, refused him Ad- 
mittance, stood on their Defence with Arras in their Hands, threa- 
tened to put to Death the Sheriff and his Party, and in the End, in 
cool Blood, and in the most treacherous Manner, murthered Nathan 
Ogden, one of the Posse, who came to the Fort to parley with them 
in a friendly Way at their own Request, and wounded several others. 
And on the same day, in the Dusk of the Evening, the said Stew- 
art and his Company made their Escape from the Fort. The sev- 
eral Depositions and Papers which prove the above stated Facts, I 
have ordered the Secretary to lay before you. 

" The Necessity of pursuing these daring offenders, as well as the 
dangerous Tendency of such licentious and violent Proceedings, are 
my Inducements to recommend these Matters in the warmest man- 
ner to your Consideration, in order that you may co-operate with 
me in such measures as may not only bring the Criminals to Speedy 
Justice, but also put a Stop to that ungovernable spirit which is 
too prevalent in many parts of our back Settlements, and which 
loudly call for Laws more severe than those already in being. 

''JOHN PENN. 

" February 4th, 1771." 



PROVINCIAL COUNCIL. 715 



At a Council held at Philadelphia, on Saturday the 9th of Feb- 
ruary, 1771. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 



Benjamin Chew, ) ^ ij.es 
James Tilghman, J ^ 



The Governor laid before the Board a Message he received yes- 
terday from the Assembly, which was read, and follows in these 
Words, Viz'- 
"May it Please your Honour: 

" Having considered your Message of Tuesday last, with the Pa- 
pers therein referred to, we are extremely concerned to hear that so 
heinous and dangerous an offender as Lazarus Stewart, has found 
means to elude the Execution of Justice for his former Crimes, and 
thereby has procured an Opportunity of adding to his Guilt by com- 
mitting the late horrid Murder at Wyoming; and we hope your 
Honour will order the strictest enquiry to be made into the Conduct 
of those who had the Custody of the Prisoner. 

'' This recent Instance recalls to our Memory so many of the 
same kind in our back Counties, where Miscreants who have at 
once stained themselves with Sins of the deepest Dye, and have of- 
fered the highest Insults to Administration, have escaped with Im- 
punity, that we fear, unless some more successful Method of secur- 
ing Criminals can be devised, to deserve signal Punishment, and to 
escape it, in some parts of this Province, will become equally com- 
mon. 

" The outrages arising from the Confederacy of so many despe- 
rate Ruffians, who have at length perpetrated " in a most treacherous 
Manner," and with an audacious contempt of Government, the 
Murder of a Person acting in obedience to the Laws, too plainly 
evince the dangerous Tendency of such licentious Proceedings, and 
the Necessity of pursuing these daring offenders. 

" We therefore request the Governor to issue a Proclamation, of- 
fering a Reward of three hundred Pounds to any Person or Persons 
who shall apprehend the said Lazarus Stewart, and safely deliver 
him to the Sheriff of the City and County of Philadelphia, in the 
Gaol of the said County; and a Reward of Fifty Pounds for ap- 
prehending and delivering to the said Sheriff in the same Place, 
each of these, his Accomplices, James Stewart, William Stewart, 
John Simpson, William Speedy, William Young, John McDaniel 
(alias Uonnel), and Richard Cook. 

"So desirous are we of giving all the Aid in our Power for pun- 
ishing such atrocious Violators of divine and human Laws, vindica- 
ting the Honor of this Province, and securing the Public Tranquility, 
that we shall immediataly proceed to those further Measures we 



716 MINUTES OF THE 

judge to be most effectual for ' putting a stop to that ungovernable 
Spirit which is too prevalent in many Parts of our back Settlements.' 
" Signed by Order of the House. 

"JOSEPH GALLOWAY, -Spea/cer 
" February 8th, 1771." 

The Secretary having prepared a Proclamation by the Governor's 
Directions, offering a Howard of three hundred Pounds for apprehend- 
ing and securing Lazarus Stewart, and a Reward of fifty Pounds each 
for seven of his accomplices in the late outrages and Murder perpe- 
trate'd at Wyoming, the same was laid before Board, and after a 
few Alterations were made thereto, was approved and ordered to be 
published in the several News Papers, and three hundred Copies 
of it printed and dispersed through the Province. The Proclama- 
tion was immediately issued, and follows in these Words, Viz'- : 

" By the Honourahle JOHN PENN, Esquire, Lieutenant Gover- 
nor and Commander-in-Chief of the Province of Pennsi/lvania, 
and Counties of New- Castle, Kent, and Sussex, on Delaware. 

"A PROCLAMATION. 

"Whereas, it appears by the Depositions and Examinations, 
that a certain Lazarus Stewart (who was some Time since appre- 
hended for a Capital Crime with which he stood charged, and after- 
wards made his Escape), being joined by a Number of other lawless 
People from Hanover, in Lancaster County, and other Places, 
armed with Guns and Clubs, proceeded in an hostile Manner to 
Wyoming, where a Number of Families were seated by Authority 
of this Government, and on the eighteenth day of December last, 
in open defiance of Law, they violently broke open the Doors of 
their Houses in the Night Time, and beat and abused them in the 
most inhuman and cruel Manner, turning all the Men, Women and 
Children out of Doors, and then took Possession themselves of the 
Houses, where they afterwards remained. 

" ,^nd Whereas, it further appears from the aforesaid Deposi- 
tions, that the Sheriff of Northampton having raised the Posse of 
the County, proceeded, on the eighteenth of January last, to Wyo- 
ming, in order to execute the King's Writ and Warrant against the 
said Stewart and some of his Associates, who had there shut them- 
selves up in a Fort; and that on the Monday following, the said 
Lazarus Stewart and his Party, bidding defiance to all lawful Au- 
thority, and setting themselves in opposition to the Sheriff in the 
Execution of his Duty, refused him Admittance into the said Fort 
to serve the said Process on divers Persons therein named, who were 
then within the said Fort, and threatened to put him and his People 
to Death; and in the end, the said Stewart most wickedly and treach- 
erously, without any Provocation, murdered Nathan Ogden, one of 



PROVINCIAL COUNCIL. 717 

the Sheriff's Posse, who had corae to the Fort at the said Stewart's 
Request, to parly with him in a friendly way, and at the same 
Time the rest of the said Stewart's Associates, by his Orders, fired 
upon others of the Sheriff's Posse, who were unarmed, and wounded 
three of them ; that they continued firing the remainder of the Day, 
at every Person that appeared within reach of their Gans, and ia 
the Evening, abandoning the Fort, fled to the Woods and made their 
Escape. 

"And Whereas, public Justice, and the Peace and Tranquility of 
His Majesty's liege Subjects, require that the Perpetrators and 
Abettors of such atrocious Crimes should be apprehendea and 
brought to condign and exemplary Punishment; 

" I have, therefore, thought fit, with the advice of the Council, to 
issue this my Proclamation, hereby strictly charging and command- 
ing all Judges, Justices, Sheriffs, Constables, and all other His 
Majesty's liege Subjects within this Government, to make diligent 
search and enquiry after the said Lazarus Stewart and his principal 
Accomplices, Viz'-: James Stewart, William Stewart, John Simp- 
son, William Speedy, John McDaniel (alias Donnel), William 
Young, and Richard Cook, as well as all others of his Accomplices, 
and to use all lawful Means for apprehending, securing, and bring- 
ing them to Justice; And, as an Encouragement, I do hereby promise 
and engage, that the Public Reward of three hundred Founds shall 
be paid to any Person or Persons who shall apprehend the said Laz- 
arus Stewart, and safely deliver him to the Sheriff of the City and 
County of Philadelphia, in the Gaol of the said County; and also a 
Reward oi fifti/ Founds for apprehending and delivering to the said 
Sheriff in the same Place, each of his said principal Accomplices, 
James Stewart, William Stewart, John Simpson, William Speedy, 
William Young, John McDaniel (alias Donnel), and Richard Cook. 

"Given under my Hand and the Great Seal of the said Province, at 
Philadelphia, the ninth day of February, in the eleventh Year 
of His Majesty's Reign, and in the Year of our Lord one thou- 
sand seven hundred and seventy-one. 

"JOHN PENN. 
"By His Honour's Command. 

"Joseph Shippen, Junior, Secretary. 

"GOD SAVE THE KING." 

Two Members of Assembly presented to the Governor for his 
Concurrence a Bill entituled " An Act for preventing Tumults and 
Riotous Assemblies, and for the more Speedy and effectual punish- 
ing the Rioters," which was taken into immediate Consideration, 
and being approved, was returned to the Assembly by the Secre- 
tary, with a Verbal Message to the House " that the Governor gave 
his Assent to it, and would be at the Council Chambir in a quar- 
ter of an Hour, in order to enact the same into a Law." 

At Noon the Governor being in the Council Chamber, sent a 
Message to the Assembly by the Secretary, to acquaint them that 



718 MINUTES OF THE 

he required their Attendance there, that he might pass the Bill to 
which he had given his Assent; The whole House attended accor- 
dingly, and the Speaker presented the Riot Bill, which the Grover- 
nor enacted into a Law, and signed a warrant for affixing the Great 
Seal thereto, which was immediately done, and the Law deposited 
in the Rolls Office. 



Friday the 15th of February, 1771. 

ThS Governor having this Morning received a verbal Message 
from the Assembly, by two Members, desiring he would be pleased 
to communicato to them any Answer he may have received from 
General Gage respecting the Matters which, in their Remonstrance 
of September last, they requested the Governor would represent to 
him, directed the Secretary to lay before the Assembly for their 
Perusal General Gage's Letter of the 23d of October last, which 
follows in these words. Viz'- : 

" New York, 23d of October, 1770. 
« Sir : 

" I have received your Letters of the 16th and 18th Instant, 
with a Number of Depositions and a Remonstrance to you from 
the House of Assembly of Pennsylvania, relative to Demands for 
the payment of Carriages employed by Lieutenant Colonel Wilkins, 
on his March to Fort Pitt in 1768, with part of His Majesty's 
Royal Regiment of Ireland. 

The Papers you have transmitted shall be laid before the proper 
Officers for Examination ; with as little Delay as possible, and I 
will do all that depends on me to redress the Grievances com- 
plained of. 

" I have the Honor to be, with great Regard, Sir, 

"Your most Obedient, humble Servant, 
"THOMAS GAGE. 
" To the Honorable Lieutenant Governor Penn." 



At a Council held at Philadelphia, on Saturday the 16th of Feb- 
ruary, 1771. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

Benjamin Chew, James Tilghman, 7 ^ 

Lyniord Lardner, 3 

The Governor laid before the Board for their Consideration seve- 
ral Bills which the House of Assembly presented to his Honor for 
his Concurrence, entituled as follow, Viz'-: 



PROVINCIAL COUNCIL. 719 

" An Act declaring the River Susquehanna, and other Streams 
therein mentioned, Public Highways, for improving the Navigation 
in the said River and Streams, and preserving the Fish in the 
same." 

" An Act declaring the Rivera Delaware and Lehigh, and parts 
of Neshaming Creek, as far up as Barnsley's Ford, and of the 
stream called the Lechawaxin, as far up as the Falls thereof, com- 
mon Highways, and for improving the Navigation in the said 
Rivers." 

" An Act for vacating a part of a Road in the Township of Pas- 
syunk, and for confirming a new Road laid out and made instead 
thereof." 

'< An Act for appointing Commissioners for opening and main- 
taining parts of two Roads therein mentioned. 

'* An Act for regulating the Fishery in the Rivers Codorus and 
Connewago, in York County." 

" An Act for the relief of the Poor." 

"An Act for appointing Regulators in the Southern Parts of the 
Northern Liberties of the City of Philadelphia, and for other pur- 
poses therein mentioned." 

" An Act for erecting a Part of the County of Cumberland into 
a separate County." 

*' An Act for the better securing and punishing certain OfiPenders 
therein mentioned," and 

" An Act for building a Bridge over Skippack Creek, in the 
County of Philadelphia." 

The said Bills were in part read and considered and referred to 
further consideration. 



At a Council held at Philadelphia on Monday the 18th of Feb- y 
ruary, 17'^. '/ 

PRESENT : / 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c'- 

William Logan, James Tilghman, \ ji j^es 

Benjamin Chew, Andrew Allen, 5 

The Consideration of the three following Bills was resumed, 
viz'' 

" An Act for appointing Commissioners for opening and main- 
taining parts of two Roads therein mentioned." 

" An Act for erecting a part of the County of Cumberland into 
a Separate County," and 

" An Act for building a Bridge over Skippack Creek, in the 
County of Philadelphia." 

Which Bills being read and considered, were Ordered to be re- 
turned to the Assembly, with a few small Amendments made to the 



720 MINUTES OF THE 

two first mentioned, and a verbal Message by the Secretary, that 
the Governor gave his Assent to the latter. 

The other seven Bills before the Governor were referred to fur- 
ther Consideration. 



At a Council held at Philadelphia, on Tuesday 19th of Febru- 
ary, 1771. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

Ac^- 

William Logan, James Tilghman, } „ 

Benjamin (;hew, Andrew Allen. 5 ^^^^'^^s- 

The following Bills were again laid before the Board for their 
Consideration, Viz'- : 

"An Act for vacating a Part of a Road in the Township of 
Passyunk, and for confirming a new Road laid out and made in- 
stead thereof." 

'' An Act for the better securing and punishing certaiu Offenders 
therein mentioned." 

" An Act for the appointing Regulators in the Southern Parts 
of the Northern Liberties of the City of Philadelphia, and for 
other Purposes therein mentioned." 

" An Act for regulating the Fishery in the Rivers Codorus and 
Conewago, in York County," 

The Scxid Bills after due Consideration, were agreed to, and the 
Secretary was ordered to return the same to the Assembly with the 
Governor's Assent. 

Then were read the two following Bills, viz'- : "An Act declaring 
the River Susquehanna, and other streams therein mentioned, pub- 
lic Highways, &c''-." 

" An Act declaring the Rivers Delaware and Lehigh, and Parts 
of Neshaming Creek, &c^- and of the Stream called the Lecha- 
waxin,&c^- common Highways" &c"-; and after some Consideration of 
them, the Board advised the Governor to send a Verbal Message 
to the Assembly respecting them, by the Secretary, in the follow- 
ing Words, Viz'- : 
"Sir: 

" The Governor requests that the House will inform him whether 
they are possessed of any Plans or Draughts of the Rivers Dela- 
ware, Leliigh, Susquehanna and Juniata, and of the Streams Cones- 
togoe, Bald Eagle, Machanoy, Penii's Creek, Swatara, Connedoguinet 
and Kiskemanctas, which by the Bills now under his Cunsideration, 
are proposed to be kept open for Navigation, and particularly, 
whether these streams have been explored, and that if they have 
any such Draughts, the House will lay them before him." 

" February lUth, 1771." 



PROVINCIAL COUNCIL. 721 

The Bill for the relief of the Poor was then read andfca Part 
considered, and referred by the Board for a further Conswieration 
at their nest Meeting. 



nor, J 



At a Council held at Philadelphia, on Wednesday 20th of Feb- 
ruary, 1771. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 

William Logan, James Tilghman, 

Richard Peters, Andrew Allen, ^Esquires. 

Benjamin Chew, Edward Shippen Juni 

The Governor having received by two Members of the Assembly 
a verbal Message in Answer to his Message of yesterday, his Honor 
laid the same before the Board, which follows in these Worde, 
Viz'- : 

A Verbal Message to the Governor from the Assemhly. 

The House inform his Honor, that they are possessed of no 
Plans or Draughts of the several Rivers and Streams mentioned in 
his verbal Message of this Day, except an accurate one of part 
of the River Delaware, which they lay before him agreeable to his 
request, and those contained in the several Maps of this Province, 
and that further the House know not whether those Rivers and 
streams have been particularly explored, having proceeded in the 
framing of the Bills referred to by His Honor on the Information 
of their Members. 

The Board then resumed the Consideration of the Poor Bill, and 
after some Time spent in deliberating about the Amendments pro- 
per to be made to it, the further Consideration of it was deferred 
'till to-morrow Morning. 



At a Coftncil held at Philadelphia, on Thursday the 21st Feb- 
ruary, 1771. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c'- 

Benjamin Chew, Andrew Allen, | ^ 

James Tilghman, Edward Shippen, Junior, \ ■'^squires. 

The consideration of the Poor Bill was resumed, and the follow- 
ing Amendments being made to it, the Secretary was ordered to re- 
turn the Bill to the Assembly with the same, Viz*- : 
VOL. IX. — 46. 



722 MINUTES OF THE 

Amendment 1st. Page 5, Line 1. After the Word [County] add 
[[and the Mayor and Recorder]. 

2. Page 6, Line 4. Before the Word [Aldermen] insert the 
Words [Mayor or Recorder, and]. 

3. Same Page, Line 7. After the Word [Justices] insert Words 
[Mayor or Recorder]. 

4. Page 10, Line 3. Instead of [Occassion] say [Occasion]. 

5. Page 11, Line 6. After the Word [assessed] add the Words 
[in the said City or District, or any Borough or Township]. 

6. Same Page, Line 9. After the Word [any] insert the Words 
[Magistrate of the said City or any]. 

7. Page 12, Line 9. Dele the Words [Justices] and insert the 
Words [Magistrate or Justice, respectively]. 

8. Page 15, Line 1. After the Word [Tenant] insert the fol- 
lowing Clause : [Provided also, that the Estates of the Honorable 
the Proprietaries of this Province, shall not be liable to be rated or 
Assessed by Virtue of this Act]. 

9. Page 16, Line 1. After the Word [further] insert the Word 
[enacted]. 

10. Page 28, Line 10. After the Word [Be] insert the Word 
[it]. 

11. Same Page, last Line. After the Word [exceeding] add the 
Words [in the whole, including all Gifts, Grants, Devises, and Be- 
quests heretofore made]. 

12. Page 30, Line 4. Dele the Word [District] in the Place 
"where interlined, and insert the same Word before the Word [and]. 

13. Same Page, Lines 8 & 9. After the Word [exceeding] in- 
sert the Words [in the whole, including all Gifts, grants, and De- 
vises and Bequests heretofore made]. 

14. Same Page, Line 9. After the Word [the] insert the Word 
[aforesaid]. 

15. Page 34, Line 11. Dele the Word [six] and insert the Word 
[twelve]. 

16. Page 42, Line 5. After the Word [same] insert the Words 
[Provided always, that none of the Justices or Magistrat*'s who 
signed the said Order of Removal, shall sit in Court or give his 
Judgment in hearing and determining an Appeal from the same 
Order]. 

17. Page 56, Line 11. Dele the first Word [Persons] and in- 
stead thereof insert the Word [Person]. 

18. Page 57, Line 4. Instead of the first Word [overseers] say 
[Overseer]. 

19. Page 62, Line 8. Instead of [Complant] say [Complaint]. 

20. Page 68, last Line. After the Word [Void] add the follow- 
ing Clause : [And be it further enacted by the Authority aforesaid,* 
that this Act shall continue in force for the space of five Years, and 
from thence to the End of the next sitting of Assembly, and no 
longer] 



PROVINCIAL COUNCIL. 7%B 

The Governor then laid before the Board a Bill he had received 
from the Assembly, entituled "An Act for regulating and contin- 
uing the Nigbtly VVatch, and enlightening the Streets, Lanes, and 
Alleys of the City of Philadelphia, and for raising of Money on the 
Inhabitants and Estates of the said City, for defraying the Ex- 
pence thereof," which wps read and considered, and the Board 
making no Objection thereto, it was ordered to be returned to the 
Assembly with the Grcvernor's Assent. 



At a Council held at Philadelphia, on Thursday 28th February, 
1771. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
Ac- 
James Tilghman, ] -p, 
Edward Shippen, Junior, J ^ 

The Board resumed the Consideration of the Bill f5r declaring 
the Rivers Delaware and Lehigh, &g^' common Highways, &c*' and 
the following Amendments being made to it, The Secretary was or- 
dered to carry the same to the Assembly with the Bill. 

Page 3, Line 11. After the Word [Highways] insert the Words 
[for the Purposes of Navigation up and down the same]. 

Same Page, Last Line. After the Name [Kechlene] insert the 
Name [Henry Kooken]. 

Page 4, Line 2. Dele the Name [Adam Yoke]. 

Same Page and Line. Dele the Word [and] and insert the same 
Word before the Name [John Arbo]. 

Same Page, Line 5. Instead of the Word [River] say [Rivers]. 

The Governor laid before the Board for their Consideration a Bill 
sent up by the Assembly for his Concurrence, entituled " An Act 
appointing Wardens for the Port of Philadelphia, and for the better 
regulating Pilots plying in the River and Bay of Delaware, and the 
price of pilotage to and from the said Port," Which being read and 
considered, was Ordered to be returned to the Assembly with the 
following Amendments : 

Page 2, last Line. Instead of the Name [James Wharton] insert 
the Name [Samuel Mifflin]. 

Page 30, Line 10. After the Word [Beacons] insert the Words 
[have been and]. 

Page 34, Lines 11 and 12. Dele the Words [per Ton]. 

The Governor then laid before the Board a Bill sent up by the 
Assembly, entituled " An Act for the immediate raising of Money 
heretofore granted for the Defence of the City of Philadelphia," 
which was alto read, and the Secretary directed to return it to the 
Assembly with two small Amendments. 



724 MINUTES OF THE 

Two Members of Assembly having again brought up the Bill for 
the Relief of the Poor, with the following Answer to the Governor's 
Amendments, the same was laid before the Board and referred to 
the Consideration of the Council at their next Meeting : 

The Assemhly's Answer to the Governor'^Amendments to the BUI 
entituled " An Act for the Relief of the Poor." 

Amendments 1st, 2d, 3d, 4th, 5th, 6th, & 7th. Agreed to by th^ 
House. 

Amendment 8. The House dissent to this Amendment, and pro- 
pose to his Honour's Consideration to expunge the Words [the 
clear yearly value] in Page 7, Lines 10 and 11, and to insert in- 
stead thereof the Words [upon every Inhabitant and Occupier], 
which, if not rejected by the Governor, The House agree to with- 
draw the Clause beginning at the Word [And] inclusive, in Page 
13, Line 7, and ending with the Word [Tenant], in Page 15, Linel. 

Amendments 9th, 10th, 11th, 12th, loth, 14th, & 15th, Agreed 
to by the House. 

Amendment 16th. The House dissent to the Amendment, and 
propose to the Governor's Consideration, instead thereof, the fol- 
lowing Clause : [Provided always, that none of the Justices or 
Magistrates who signed the said Order of Removal, or who shall or 
may be rated and assessed by Virtue of this Act towards the Sup- 
port of the Poor of any City, Borough, Township, or Place, be- 
tween which any dispute shall arise or happen'on such Removal, 
shall sit in Court, or give his Judgment on hearing and determin- 
ing an Appeal from the same Order]. 

Amendments 17th, 18th, & 19th. Agreed to by the House. 

Amendment 20th. The House adhere to the Bill. 



At a Council held at Philadelphia, on Saturday the 2d of March, 
1771. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c'- 

Benjamin Chew, Andrew Allen, _ > Esquires 

James Tilghman, Edward Shippen, Junior, 5 ^ 

The Board taking into Consideration the Assembly's answer to 
the Governor's Amendments to the Bill for the Relief of the Poor, 
the following Reply thereto was drawn up and agreed to, and the 
Sectary was directed to carry the same to the House with the 
Bill, Viz'- : 

Amendment 8th. The Governor cannot accede to the Alterations 
proposed to be made to the Bill in their Answer to this Amend- 



PROVINCIAL COUNCIL. 725 

mcnt, by expunging the Words [clear yearly Value], and inserting 
the Words [upon every Inhabitant and Occupier], but will recede 
from this Amendment, provided the House withdravr the Clause 
referred to in the latter Part of their Answer thereto. 

Amendment 16. The Grovernor dissents to the new Clause pro- 
posed to be added to the Bill, but agrees to wave this Amend- 
ment. 

Amendment 20. The Governor adheres to this Amendment. The 
Governor, on a review of the Bill; recommends it to the Considera- 
tion of the House, whether the following alteration would not be of 
public Use, Viz'- : 

Page 41, line 6th. After the word [the], add the Words [City, 
Borough, Township, Province, or]. 

The Board resumed the Consideration of the Bill declaring the 
River Susquehanna, and other Streams therein mentioned. Public 
Highways, &c'''' and having made the following Amendments there- 
to, the Secretary was ordered to carry the same to the Assembly 
with the Bill, Viz*- : 

Amendments to the Title of the Bill entituled " An Act declar- 
ing the River Susquehanna, and other Steams therein mentioned, 
Public Highways, &c*-" 

Linel. Instead of [River], say [Rivers]. 

Line 2. Dele the Words [other Streams], and insert the word 
[Juniata]. 

Line 5. Instead of [River], say [Rivers]. 

Same Line. Dele the Words [and Streams]. 

Amendments to the Bill : 

Page 1, Line 9. Dele the Words [such Rivers and other Streams 
as are or may], and insert the Words [the Rivers Susquehanna and 
Juniata]. 

Same Page, Line 10. After the Word [Navigable], insert the 
Word [and ]. k 

Same Page, last Line. After the Word [the], add the Word 
[said]. 

Page 2. Dele from the Word [and], inclusive, in the first Line, to 
the Word [Kiskeraanetas], inclusive, in the third Line. 

Same Page, Line 9. Dele the Words [and Streams]. 

Page 4. Dele from the Word [and], inclusive, in the first Line, 
to the Word [Kiskemanetas], inclusive, in the seventh Line. 

Same Page, Line 9. After the Word [Highways], insert the 
words [for the purposes of Navigation up and down the same]. 

Page 5, Line 2. After the word [Susquehanna], insert the word 
[and]. 

Same Page, Lines 384. Dele the whole of the third and fourth 
Lines from [Bald Eagle] to the word [Swatara] inclusive. 

Same Page, Line 10. Instead of the word [any] insert the word 
[either]. 



726 MINUTES OF THE 

Same Page & Line. Dele the word [respective]. 

Same Page, Line 11. Dele the words [and streams]. 

Same Page, last Line. Dele the interlined words [and Streams], 

Page 6, Line 11. Dele the word [respective] and the words [and 
Streams.] 

Page 7, last Line. Dele the words [and Streams]. 

Page 8, Lines 4 & 5. Dele the words [and Streams]. 

Page 9, Line 1. Dele the words [or Streams], and instead of the 
word [any] insert the word [either]. 

Same Page, Line 4. Dele the words [or streams]. 

Page 10, Lines 6 & 7. Dele the words [or Streams]. 

Same Page, Line 9. Dele the words [and Streams]. 

Same Page, last Line. Dele the words [and Streams]. 

Page 11, line 4. Dele the words [and Streams]. 

Page 13, Line 5. Dele the words [or Streams]. 

Same Page, line 8. Dele the words [and Sti'eams]. ^ 

Page 14, Line 3. Dele the word [respectively]. 

Same Page, Line 4. Dele the words [and Streams]. 

Page 15, Line 2. Dele the words [and Streams]. 

Same Page, Line 8. Dele the words [or Streams], and instead of 
the word [any] insert the word [either]. 

Same Page Line 11. Dele the word [respective]. 

Same Page, last Line. Dele the words [and Streams]. , 
^ Page 16, Line 1, Instead of [assualted] say [assaulted]. 

Same Page, Line 10. Dele the words [and Streams] 

Page 17, Lines 1 & 2. Dele the words [and Streams]. 

Page 18, Line 6. Dele the words [or Streams.] 

Page 19, Line 1. Dele the words [or Streams], 

Same page, last Line. Dele the words [the same]. 

Page 20, Line 10. Dele the words [or Streams], and instead of 
the word [any] insert the word [either]. 

Page 21, Liue 7. Dele the words [and Streams]. 

Same Page, Line 11. Dele ihe words [and Streams]. 
March 2d, 1771. f 

The Governor then laid before the Board a Bill entituled ''An 
Act to regulate the Assize of Bread, and for other Purposes there- 
in ipentioned," which was read and referred to further Considera- 
tion. 



PROVINCIAL COUNCIL. 727 



At a Council held at Philadelphia, on Monday the 4th of March, 
1771. 

PRESENT : 

The HoElourable JOHN PENN, Esquire, Lieutenant Governor, 
&c'- 

James Tilghman, "\ 

Andrew Allen, V Esquires. 

Edward Shippen, Junior, ) 

The Governor laid before the Board three Bills sent up by the 
Assembly for his Honour's Concurrence, entituled " An Act to re- 
peal a part of the Act entituled An Act for the preservation of Fish 
in the Rivers Delaware and the Lehigh, commonly called the Wes- 
tern Branch of Delaware." 

" An Act to enable Peter Mierkin, Sugar Refiner, to hold Lands, 
and to invest him with the priviledges of a natural born Subject of 
this Province*" 

*' An Act for the Relief of George Hawkins, Conrad Kehmle, 
and Jonathan Hobby, languishing Prisoners in the Gaol of Phila- 
delphia, with respect to the Imprisonment of their Persons," 
Which Bills were read and considered, and there appearing no Ob- 
jection to them, they were ordered to be returned to the House 
with the Governor's Assent. 

The Board then i-esumed the Consideration of the Bill for regu- 
lating the assize of Bread, &c*"' and there appearing some weighty 
objections to the Method proposed in the Bill of ascertaining the 
Price of Bread, by apportioning the Weight of the several kinds 
of Loaves to the price of Flour, and not according to the price of 
Wheat, which would be more just and reasonable ; and as no 
Amendments could be made to the Bill without altering the whole 
Frame of it, the Board advised the Governor to refuse his Assent 
to it, and the Secretary was ordered to return it to the Assembly, 
with a Verbal Message that the Governor could not agree to pass 
it into a Law. 



At a Council lield at Philadelphia, on Thursday tiie 7th March, 

11772. 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
<&c' 

Lynford Lardner, Andrew Allen, 1 -p 

James Tilghman, Edward Shippen, Jun'- j " 

The Assembly having again sent up the Bill declaring the River 
Susquehanna and other Streams, &c*' public Highways, with an 
Answer to the Governor's Amendments, His Honor laid the same 
feefore the Board, and it follows in these Words, viz' : 



728 MINUTES OF THE 

"The House agree to the Amendment in Page 16, Line 1, and 
as to all the other Amendments, the House to the Bill and its 
Title." 

Several Surveyors and other Persons who had explored the 
Creeks mentioned in the Bill, appeared at the Board by appoint- 
ment, and having satisfied them that the said Creeks were large 
and capable of being made navigable for small Craft, the Council 
advised the Governor to recede from his Amendments respecting 
those Creeks, and to return the Bill to the Assembly, with the fol- 
lowing reply to their Answer, viz- : 

The Governor agrees to wave all his Amendments except that 
in Page 4, line 9, provided the House will agree to make a small 
alteration with respect to Conedaguinet Creek, viz'': to expunge 
the words [William Thompson's Mill] in Page 4, lines 6 & 7, and 
instead thereof to insert the words [the Cove Fording, which leads 
to the Forty shilling Gap]. 

March 7th, 1771. 



Friday, the 8th of March. . 

The Governor having received a verbal Message from the Assem- 
bly, by two Members, signifying their Intention to adjourn, and 
requesting him to appoint some Members of Council to compare 
the several Bills which had been agreed to, with their engrossed 
Copies, The Governor replied that he should appoint a Member 
of Council and the Secretary to join two Members of the House 
to collate the Bills immediately. 



Saturday, the .9 th of March.. 

Two Members of Assembly waited on the Governor, and acquainted' 
him that the House proposed to adjourn to the 16th of September 
next, if he had no Objection thereto, and also requested the Gov- 
ernor would be pleased to appoint a Time for passing the Bills to 
which he had given his Assent. The Governor answered that he 
had no objection to their proposed adjournment, and that he should 
be in the Council Chamber about one O'Clock to-day, in order tO' 
pass the Bills. 



Council Chamber, 1 O'clock. P. M. 

Mr. Tilghman and the Secretary having compared the several 
engrossed Bills with their Originals^ and found them to agree^ The- 



PROVINCIAL COUNCIL. 72& 

Governor sent a Message to the Assembly by the Secretary, requir- 
ing their Attendance, that he might enact into Laws the several 
Bills to which he had given his Assent; the House accordingly at- 
tended, and the Speaker presented to the Governor twenty Bills 
which his Honor enacted into Laws, and signed a Warrant for 
afl&xing the Great Seal thereto. 

The Laws were afterwards deposited in the Kolls Office, and are 
entituled as follows, viz'- : 

" An Act for preventing Tumults and riotous Assemblies, and for 
the more speedy and effectual punishing the Rioters." 

"A Supplement to the Act entituled ' An Act for erecting Part 
of the Counties of Philadelphia, Chester, and Lancaster, into a 
separate County." 

*< An Act to prevent the Destruction of Rock Fish and Oysters." 

"An Act to regulate the Fishery in the River Schuylkill." 

"An Act for the immediate raising of Money heretofore granted 
for the Defence of the City of Philadelphia." 

" An Act for regulating the Fishery in the Rivers Codorus and 
Connewaga, in York County." 

"An Act for appointing Regulators in the Southern Parts of the 
Northern Liberties of the City of Philadelphia, and for other Pur- 
poses therein mentioned." 

"A Supplement to the Act entituled 'An Act for the better 
Regulation of Servants in this Province and Territories.' " 

"An Act declaring the Rivers Delaware and Lehigh, and part of 
Neshaming Creek, as far up as Barnsley's Ford, and of the Stream 
called the Lechawaxin, as far up as the Falls thereof, common High- 
ways, and for improving the Navigation in the said Rivers." 

" An Act declaring the River Susquehanna, and other Streams 
therein mentioned, public Highways, for improving the Navigation 
of the said River and Streams, and for other Purposes therein men- 
tioned." 

" An Act for vacating a part of a Road in the Township of Passy- 
unk, and for confirming a new Road laid out and made instead 
thereof." 

" An Act for erecting a part of the County of Cumberland into 
a" Separate County." 

" An Act for the better securing and punishing certain offenders 
therein mentioned." 

" An Act appointing "Wardens for the Port of Philadelphia, and 
for better regulating Pilots plying in the River and Bay of Dela- 
ware, and the Price of Pilotage to and from the said Port." 

" An Act for the relief of George Hawkens, Conrad Kehmle, 
and Jonathan Hobby, languishing Prisoners in the Gaol of Phila-- 
delphia, with respect to the Imprisonment of their Persons." 

" An Act for building a Bridge over Skippack Creek, in the County 
of Philadelphia." 

" An Act for the relief of the Poor." 



730 MINUTES OF THE 

V 

" An Act for regulating and continuing the Nightly Watch, en- 
lightening the Streets, Lanes, and Alleys of the City of Philadel- 
phia, and for other Purposes therein mentioned." 

" An Act to enable Peter Mierken, Sugar Refiner, to hold Lands, 
and to invest him with the Priviledges of a natural born Subject of 
this Province." 

" An Act to repeal a part of the Act entituled ' An Act for the 
preservation of Fish in the Rivers Delaware, Susquehanna, and the 
Lehigh, commonly called the Western Branch of Delaware." 

Before the House withdrew, the Speaker presented to the Gov- 
ernor an Order on the Treasury for six hundred Pounds. 



At a Council held at Philadelphia, on Monday the 11th of March, 

PRESENT : 

The Honourable JOHN PENN, Esquire, Lieutenant Governor, 
&c^ 

Richard Peters, James Tilghman, Z v • 

Benjamin Chew, Edward Shippen, Junior, S ^^^"'^^S' 

A law having passed on Saturday last, for erecting a p.irt of the 
County of Cumberland into a Separate County, called Bedford 
County, The Governor acquainted the Board that he thought it ne- 
cessary to issue a Commission without delay, appointing J ustices of 
the Peace, &c'' in the different Parts of the new County, and laid 
before the Board a List of Persons residing therein, who iiad been 
recommended to him as the best qualified to execute the Duties of 
the Magistracy, and after due Consideration, the following Persons 
were agreed on to be Justices of the Court of General Quarter Ses- 
sions of the Peace and of the County Court of Common i'leas for 
the said County of Bedford, and a Commission ordered to be made 
out accordingly, Viz*-; 

John Frazer, William Proctor, Jun'-' 

Bernard Dougherty, John Hanna, 

Arthur St. Clair, • William Lochry, 

William Crawford, John Willson, 

James Milligan, Robert Chiggage, 

Thomas Gist, William McConnell, 

Dorsey Pentecost, George Woods, 

Alexander McKee, 

{John Frazer, 
Bernard Dougherty, 
Arthur St. Clair, 
It having been represented to the Governor that several more 
Magistrates were wanted in the County of York, it was thMught ad- 
visable that a new General Commission of the Peace shuuld be is- 



PROVINCIAL COUNCIL. 731 

sued for that County, and the Governor laid before the Board a 
List of the Justices in the present Commission, as well as the 
Names of others who had been recommended to hiui for Magis- 
trates. The Board taking the same into Consideration, the follow- 
ing Persons were agreed on, and a Commission was ordered to be is- 
sued, appointing them Justices of the Peace and of the County 
Court of Common Pleas for the said County of York, Viz'-: 
Robert McPherson, Matthew Dill, 

David Jameson, Henry Slegle, 

Martin Eickelberger, William Smith, 

Archibald McGrew, John Smith, 

John Adlum, Cunningham Sample, 

John Pope, Richard McCallister, 

Michael Swoope, David McConnaughj, 

Samuel Johnston, William Penrose, 

Samuel Edie, William Rankin, 

William Delap, Joseph UpdegraflF. 

Thomas Minshall, 



Tuesday the 12th of March. 

The Governor was pleased this day to appoint A.rthur St. Clair, 
Esquire, to the several Offices following, in the County of Bedford, 
by three separate Commissions under the Great Seal of the Pro- 
vince, Viz'-; Prothonotary, or Principal Clerk of the Cunnty Court 
of Common Pleas, Clerk or Register of the Orphans' ; ourt, and 
Recorder of Deeds. 



At a Council held at Philadelphia on Saturday the 6th of April, 
1771. 

PRESENT : 

Thp Honourable JOHN PENN, Esquire, Lieutenant Gover- 
nor, &ca. 

Benjamin Chew, James Tilghman, 1 

Lynford Lardner, Andrew Allen, S- Esquires. 

Edward Shippen, Junior, J 

The Governor laid before the Board a Peii'^t'on from sun Jry Free- 
holders, and other Inhabitants of the County of Northauipfon, Set- 
ting forth that the Prosp<u-ity of the Settlement at Wyoming, and 
elsewhere, on the North-East Branch of the River Susqu'iianna, in 
the County aforesaid, greatly depends on makinrr a lioad from the 
Old frontier Improvements to Susquehanna aforesaid, as the diffi- 
culty of travelling on Horseback from either of the above Places to 



732 MINUTES OP THE 

the other, by way of the present Path, is sensibly felt by all who at- 
tempt it, and must be attended with a great Expence before it can be 
made passable for Carriages, without which the removeing Families 
and Husbandry cannot be well eifected, And therefore, Prating the 
Governor and Council to issue an Order for Viewing and laying out 
a Road from the foot of the blue Mountain on the North Side thereof, 
to Wyoming aforesaid, as nearly on a direct Line as the Situation 
of the Lands will admit of. 

The Board taking the said Petition into Consideration, and 
being of Opinion that such a Ptoad will be of great Public LTtility, 
It is ordered that Aaron Dupui, Garret Brodhead, Peter Kachlein, 
Daniel Shoemaker, John Vancampen, Beniah Monday, Philip 
Johnson, John Seeley, and Michael Roup, or any five of them, do 
view and lay out a Road from the North side of the blue Moun- 
tain to Wyoming, in the most convenient and direct Courses, and 
to make a Return of the Courses and Distances thereof, with a 
Draft of the said Road, into the Provincial Secretarie's Office, within 
six months from the Date hereof, in order to be confirmed by the 
Governor and Council as a Public Road or King's High-Way, if 
the same shall be approved. 

The Governor acquainted the Board that, as several of the Per- 
sons named in the last Commission of the Peace for Cumberland 
County, now reside in the County of Bedford, and have been 
lately appointed Magistrates therein, he thought it would be proper 
to make an alteration in the Cumberland Commission, by leaving 
out their names, and to appoint in their Room some others who are 
now recommended to him for that Purpose by the Magistrates of 
the said County, a List of whose Names were laid before the Board 
and approved of, and a Commission was accordingly issued under 
the Great Seal of the Province, appointing the following Gentlemen 
Justices of the Court of General Quarter Sessions of the Peace 
and of the County Court of Common Pleas for the said County of 
Cumberland, Viz*- : 

John Armstrong, Andrew Calhoon, 

John Byers, James Maxwell, 

John Reynolds, John Holmes, 

Jonathan Hoge, John Allison, 

Robert Miller, George Robeson, 

William Lyon, William Patterson, 

Turbutt Francis, John MeClay, Junior, 

Henry Prather, William Elliott, 

John Agnew, William Brown, 

William Thompson, Samuel Lyon, 

James Oliver, James Dunlap, 
Mathew Henderson. 



PROVINCIAL COUNCIL. 733 

At a Council held in the Council Chamber at Philadelphia, on 
Monday the 6th day of May, 1771. 

PllESENT : 

The Honourable JAMES HAMILTON, Esquire, President. 
William Logan, Thomas Cadwalader, "^ 

Richard Peters, James Tilghman, Ifso"- 

Lynford Lardner, Andrew Allen, j ^ 

Benjamin Chow, Edward Shippen, Junior, J 

The late melancholy Death of the Honorable Richard Penn, Es- 
quire, late one of the Proprietaries of this Province, having occa- 
sioned the Honorable John Penn, Esquire, to embark fqf Great 
Britain on Saturday last, The Council in his absence met this day, 
and Mr. Hamilton, as eldest Counsellor, acquainted the Board that 
the exercise of the Powers of Government (Legislation excepted) 
by a Law of this Province, passed in the tenth year of Queen Ann, 
entituled '' An Act for the further securing the Administration of 
Government," now devolves on this Board, which Law was read, and 
Mr. Hamilton proceeded to say that he was willing to discharge 
the ofl&ce of President, and with the concurrence and assistance of 
the other Members, to execute the Powers of Government which 
were legally lodged in them. 

It being required by the said Act of the tenth of Queen Ann, 
that the President or first named Member of Ccuncil that shall 
succeed at the time of the Death or absence of the Governor, shall 
give due Notice thereof by the first opportunity to one of the Sec- 
retaries of State of Great Britain, and Board of Trade and Plan- 
tations, and also to the Governor-in-Chief of this Province, it was 
recommended to the Pi-esident to give the notices accordingly. 

The Board agreed that Mr. Joseph Shippen, Junior, be continued 
Secretary and Clerk of the Council. 

The President then proposed that a Proclamation notifying the 
absence of the Lieutenant Governor, and for continuing all Officers 
in their respective offices, should be issued, and the Secretary hav- 
ing already prepared one for that Purpose and produced it to the 
Board, the same was read, agreed to, and signed by the President, 
and a Warrant for affixing the Great Seal thereto was also signed 
by the President and the four Eldest Members present. It was 
then ordered that the Proclamation be published in the several 
News Papers, and a number of printed Copies of the same be dis- 
patched to the Sheriifs of the difi"erent Counties, to be dispersed as 
usual. The Proclamation follows in these Words, Viz'-: 

'<^^ the Honourable JAMES HAMILTON^ Esquire, President, 
and the Council oj the Province of Pennsylvania, 

"A PROCLAMATION. 

Whereas, The Honourable John Penn, Esquire, Lieutenant 
Governor and Commander-in-Chief of this Province, hath embarked 



734 MINUTES OF THE 

for Great Britain, and by his absence the Exercise of the Powers of 
Government, by virtue of an Act of Assembly passed in the tenth 
Year of the lleign of the late Queen Ann, is devolved on and lodged 
in us. We have therefore, thought fit to publish and declare that 
all Persons whatsoever, who held and enjoyed any Office of Trust 
or Profit in this Government, by virtue of any Commission in force 
at the Time of the said Governor's departure, shall continue to hold 
and enjoy the same offices until they shall be determined by us, 
or some other sufficient Authority. And we do hereby command 
and require all Judges, Justices, and other Officers whatsoever, in 
whom any Public Trust is reposed in this Government, that they 
diligently proceed in the Performance and discharge of their res- 
pective Duties therein, for the safety, Peace, and well being of the 
same. 

" Given in Council, under the Great Seal of the said Province, at 
• Philadelphia, the sixth day of May, in the year of our Lord one 
thousand seven hundred and seventy-one, and in the eleventh 
year of the Reign of our Sovereign Lord George the third, by the 
Grace of God, of Great Britain, France and Ireland, King, De- 
fender of the faith, and so forth. 

"JAMES HAMILTON, President. 
^\ By. Order of the President and Council. 
" Joseph Shippen, J""' Secretary. 

"GOD SAVE THE KING." 

" The Board then took into Consideration the alterations neces- 
sary to be made in the several Forms of Marriage Licences, Public 
House Licences, Pedlars Licences, Let Passes, and others Papers of 
Course, and it was agreed that they be issued as the Acts of the 
President and Council in this Stile, viz'-: " By the Honourable 
James Hamilton, Esquire, President, and the Council of the Pro- 
vince of Pennsylvania," and that the President sign all Licences, 
Let Passes,. Registers, and such other Public Instruments and Pa- 
pers as are to pass of Course. 

The President proposed to the Consideration of the Board 
whether it would not be proper, before they should enter upon the 
Execution of the Powers of Government, for himself and the Mem- 
bers of Council to take and subscribe the usual oaths of Allegiance, 
&c*, and Declaration of Fidelity to His Majesty, which proposal 
being approved of by the Board, the said Qualifications were ac- 
cordingly taken and subscribed by the President and Members 
present. 

The President laid before the Board the Transcripts of two Re- 
cords of Conviction, which being read, it appears by one of the 
said Records, that at a Court of Oyer and Terminer and general 
Gaol delivery, held at Philadelphia, for the County of Philadel- 
phia, on the eighth day of April last, before John Lawrence and 



PROVINCIAL COUNCIL. 735 

Thomas Willing, Esquires, two of the Justices of the Supream 
Court and of the said Court of Oyer and Terminer, John Thomp- 
son, of the County of Philadelphia, Labourer, was tried for and 
convicted of Felony and Burglary, committed in the dwelling 
House of Ludwig Kuyn, in the Township of the Northern Liber- 
ties, in Philadelphia County aforesaid, on the twelfth day of Jan- 
uary last, and hath received Sentence of Death for the same. 

And by the other of the said Records, it appears that at the said 
Court of Oyer and Terminer and general Gaol Delivery, held on 
the said eighth day of April last, before the said Justices, Elizabeth 
Grant was tried and convicted of Felony and Burglary, committed 
in the dwelling House of John Plankinhorn, in the County of 
Philadelphia aforesaid, on the first day of March last, and hath re- 
ceived Sentence of Death for the same. 

The said Records being t£ken into Consideration, iind the said 
Justices having recommended the said Elizadeth Grant as an Ob- 
ject of Mercy, the President and Council were pleased to Order 
that a Pardon should be made out and delivered to the said Eliza- 
beth Grant, under the Great Seal of the Province; and the Judges 
of the said Court having reported no favourable Circumstances in 
behalf of the above named John Thompson, the Board directed 
that a Warrant be issued for his Execution on Wednesday the 
twenty-second day of May Instant. 



At a Council held at Philadelphia, in the Council Chamber, oe 
Tuesday the 7th day of May, 1771. 

PRESENT : 

The Honourable JAME3 HAMILTON, Esquire, President. 
William Logan, Benjamin Chew, ~) 

Richard Peters, Thomas Cadwalader, v Esquires. 

Lynford Lardner, James Tilghman, ) 

The Secretary laid before the Board a Letter from Nettawat- 
ways, or New Comer, the Chief of the Delawares, on the Ohio, to 
Governor Penn, which was brought to Town several Days ago by 
Killbuck, a Delaware Captain, and two other Indians, but as Gov- 
ernor Penn's Engagements, in preparing for his Voyage to Eng- 
land, prevented his giving the necessary Attention to the Business 
they were sent on, he referred the Consideration of their Affairs to 
the President and Council. The said Letter was then read, and 
follows in these Words, Viz' : 

" Brother : 

" I have sent Killbuck, Kellaiamind, and Pindeskund, of my Na- 
tion, to speak to you; They will inform you of every Thing I have 
to say, and I request that you will glisten to them, and think that 



736 MINUTES OF THE 

what they speak is what I think, as if I was personally present ; I 
hope you will comply with our Request, and grant us all the Assis- 
tance you possibly can. 

" Brother : 

" You may be assured of the good Intentions of my Nation, that 
they are determined to keep fast hold of the chain of Friendship 
subsisting between them and their Brothers, the English. Our 
Uncles, the Six Nations, have passed by here to meet the^Wyandots, 
Shawanese, and other Nations in Council at the Shawanse Towns ; 
They have not as yet invited us to their Council, nor do we know 
the Cause of their Meeting ; you may depend on it, in Case we 
hear any thing determined against our Brethren, the English, we 
shall acquaint you, and we request in Case you should know the 
Cause of their Meeting, you would inform us. 

*' I am your loving Brother, 
• " NETOTWAY'S, or 

''KING NEW COMER. 

Gave a String of White Wampum. 

" At New Comer's Town, on Muskingam, the 1st of April, 
1771. 

" To John Penn, Esquire, Governor and Commander-in-Chief 
of the Province of Pennsylvania, &c*' Philadelphia." 

The Secretary then, by directions of the Board, introduced Kill- 
buck, Kellalamind, and two other Indians from the Susquehanna, 
Viz. : Bill Seth (Interpreter), and Nanticoke John. 

The Indians having taken their Seats, the President made a 
Speech to them in the Words following, Viz'- : 
" Brethren : 

" I am very sorry that you have been detained so long in Town, 
without having had an Opportunity of acquainting us with the Bu- 
siness you came down upon, and I have desired your Attendance 
here that I may inform you of the reason of it. 

" Just as you arrived here, our late Governor, John Penn, Esquire, 
who is Grandson to our first Proprietor, William Penn, received an 
Account from England of the Death of his Father, who was one of 
the Proprietaries of this Province. This News afilicted him with so 
much Grief that he could not do or think of any Business, and he 
was under the necessity of going tD England without Delay, to con- 
dole with his Relations there, and look after the Affairs of this Pro- 
vince. You must not, therefore, think it hard that he did not take 
you by the Hand and bid you welcome, before his Departure. He 
desired me to express to you his great Concern on this Account, and 
to remember his good Wishes to you, and all his Indian Brethren, 
and to deliver you these Strouds, to join with us in condoling the 
Death of this, our Great Friend, and covering his Grave, and these 
Handkercfiiefs to wipe away our Tears. 

Strouds and Handkerchiefs. 



PROVINCIAL COUNCIL. J737 

" Brethren : 

" Now tliat We have buried our Bear Brother, I must acquaint 
you, that in the Absence of Governor Penn, I am appointed, with 
my Council here, to transact the Business of this Government in. 
his Stead, and we are now reddy to hear any Thing you may have 
to say to as." 

To wuich Killbuck, addressing himself to the President, imme- 
diately replied as follows. Viz'- : 
" Brother : 

" It gives me pleasure that you have taken me by the Hand iu 
the Name of the late Governor, and told me the reason of the De- 
lay and of his sudden Departure. It is th^ Nature of Grief, that 
when Persons are under great Affliction and Trouble, they can do 
no Business. 

" I am pleased with what you have said to me on this Occasion, 
and I would not have you uneasy, and think that I am tired or out 
of Patience with waiting so long in Town before you took me by 
the Hand. I shall be ready to speak to you to-morrow, and inform 
you of the Business I am come down about." 



At a Council held in the Councfl Chamber at Philadelphiaj on 
Wednesday the 8th day of May, 1771. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, President. 
William Logan, Thomas Cadwalader, ) ^ 

Lynford Lardner, James Tilghman, 5 

Indians : 

Killbuck, a Delaware Chief, Nanticoke John, 

Kellalamind, or John, Stephen Calvin, of New Jersey, 

Interpreter. 

The Interpreter being ordered to let Killbuck know the Council 
■were ready to hear him, he spoke as follows, Viz'- : 

"■ Brothers : 

" I am glad to see you in this place, where our fore Fathers used 
to hold their Treaties. I think the Almighty hath appointed this 
Day for us to converse together. I pray you will listen to our Bro- 
ther, New Comer, who has sent me to speak to you. 

" With this String of Wampum I wipe your Eyes, that you may 
see more clearly and perceive what I am going to say. 
*' Brothers : 

*< There have been many evil Reports spread abroad. I am now- 
going to tell you the Truth. 

A String. 

vol. IX.— 47. ' 



73« MINUTES OF THE 

*' Brothers : 

"I think the Council Fire which was first kindled between our 
fore Fathers, is almost gone out, and I am now going to collect the 
Brands Ends together, that the Fire may be re-kindled and burn 
bright and clear, that all our Friends may see we are consulting to- 
gether for our common good. 
" Brothers : 

" It was antiently agreed between our Ancestors that no small 
Differences between our People and yours should break the Chain 
of Friendship. About two years ago a Quarrel happened between 
one of your young Men and one of my Peoplcj in which the White 
Man was killed. The Indian has lately been taken, and I have 
him now in Confinement, and will deliver him up whenever it shall 
be required. In confirmation of which, I give this Belt of Wampum. 

A Belt of six Rows. 

" Brothers : 

" About four Years ago two Indians came down to Muskingham 
with Joe Peepy, whose Business was to persuade us Indians to wor- 
ship the G-reat God in their way. This was very pleasing to me, 
and I have ever since kept it in my Heart. They informed me they 
had lately come from Beyond the Great Waters, where the Great 
King lives. Now, Brethren, I take this Opportunity of informing 
you that 1 design in about four Months to go with ten of my Peo- 
ple to see the Great King ; and I, by this Belt, desire you will 
make it known to him that we are coming to speak to him, and to 
bring him good News ; but as you are best acquainted with the 
Seas, and know better than I do when it will be proper for us to go, 
I will be down here whenever you think it will be the best Time 
for me to set out. 
''Brothers: 

" About four Years ago an Indian, either Isaac Still or Joe Peepy, 
brought me four Silver Medals, with a Belt of Wampum, and a 
Message in writing from Philadelphia, advising us to avoid the 
Drinking of Rum, and to search amongst the Goods which should 
be brought to us for the Rum Keggs, and whenever we found any, 
to stave the Keggs and throw the Rum into the River. 
" Brothers : 

"I think this advice was good; this Rum makes us Quarrel with 
one another, and with our Brethren, and makes us commit Mur- 
ders, and brings upon us all Manner of Mischief. I desire, there- 
fore, you will do every Thing in your Power to prevent the bring- 
ing of Rum amongst us, otherwise it will in a short Time be the 
Ruin of us. 

A String of five Rows. 
" Brothers : 

At the Treaty of Fort Stauwis, I applied to Sir William Johnson 
for a Pass to go from my own Country to the Province of New 



PROVINCIAL COUNCIL. 739 

Jersey, in order to bring with mo such Indians of the Jerseys as 
should be willing to go with me and live with me in my Country. 
He accordingly gave me a Passport, and sent a Belt of Wampum 
to the Governor of Jersey, desiring him to give me Assistance in 
conveying away with me any Indians which might incline to go 
with me, and Governor Peun then promised me I should have free 
Liberty to pass through Pennsylvania for that Purpose. Now Bro- 
thers, I desire you will me your Assistance in this Matter. Thia, 
Brothers, is all I have to say at present. 



At a Council held in the Council Chamber at Philadelphia, oa 
Monday the 13th day of May, 1771. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, President. 
William Logan, Thomas Cadwalader, ") 

Lynford Lardner, James Tilghman, y Esquires. 

Benjamin Chew, J 

Mr. Logan having, at the Request of the Board, prepared a Draft 
of an Answer to the speeches delivered by Killbuck in Council ou 
the 8th Instant, the same was read, and a few Alterations being 
made to it, was approved, and odered to be fairly transcribed and 
delivered to the Indians in Council as soon as they shall return from 
the Jerseys. The said Answer follows in these Words, Viz'-: 

" llie Ansioer of the Presbdent of the Council to Newcomer's 

Message. 
" Brother : 

" I am glad of this opportunity of taking you by the Hand, and 
bid you Welcome to this City, where our fore-fathers used at the 
beginning to meet and confer together. Old and new Friends, 
when they have not seen each other for a long Time, are rejoiced 
to meet again. This I assure you is now my Case towards you. 
" Brother : 

" I was pleased with what you said to me the other day, here in 
Council. I now by this String wipe all the Dust from your Faces, 
and clear your Eyes that you may see, and desire you to attend to 
what I am going to say to you in Answer, and that you may under- 
stand me the better, I now open your Ears and cleanse your Throat 
and Stomack and clear a Passage to your Heart, and to remove all 
bad Reports and false Story's you may have heard, as I make no 
doubt there are many bad People in the Woods who carryyou lies, on 
Purpose to make you believe we are not your friends. You may 
always depend on my speaking the truth, and that what I say cornea 
from my Heart. 
A String. 



740 MINUTES OF THE 

" Brother : 

" I am very sensible our Council Fire has not for some time 
burnt so bright and clear as it did formerly. It has not been stir- 
red up of late so ■well as it used to be, But I am glad to find the 
Fire is not out. It is very strong at the Bottom ; It only wants 
the Ashes to be raked off. I therefcTe, now heartily join you in 
uncovering it and removing the Ashes, and add fresh Fuel that we 
may warm and comfort ourselves by it, and make the Flames 
rise so high that our Indian Brethren may see the Height, and 
kno™ we are sitting and conferring together in that Love and 
Friendship our fore Fathers used to do. I assure you I have al- 
ways kept fast hold of the Chain of Friendship, and now take both 
my Hands and rub off any Rust it may have contracted, and make 
it bright, and shall hold it as strong as ever. In assurance of which 
I give you this Belt. 

A Belt. 

" Brother: 

"I now also join you in opening and clearing the Old Road be- 
tween us, that our good old fore fathers laid out and cleared, and 
remove not only every Log and Tree that may have accidently fallen 
across it, but every Stump, or Stone, or Thorn, that can any way 
obstruct our Passage in passing and re- passing to and from each 
other, or hurt our feet in our way, that we may travel it safe and 
easy. 

A String. 
" Brother : 

" I heard of the accident you mention, of one of your People 
killing one of ours, and am glad you acted so honest a Part as to 
secure thelndian that did the mischief, and that you are ready to 
deliver him up when called for by me. This step shews me you are 
desirous of strictly keeping up a Friendship, and preserving Peace 
between us, that no sudden quarrel or accident should break a Link 
in our Chain of Friendship; In this you say right. It often hap- 
pens that by sudden accidents and Quarrels a Life is lost, and when 
this is proved on examination, and no premeditated ill-will or de- 
sign was the cause of the Person's Death, we should join in bury- 
ing the deceased decently, and in Peace, and forget it. How this 
Man's Case was I have not yet been informed Particularly from any of 
my People, but I will make a strict enquiry, and let you hear from 
me. I desire you, therefore, to keep the Indian safe in your Cus- 
tody 'till I have an opportunity of examining into the affair. 

"Brother : 

■" I am glad to hear your account of the two Ministers' religious visit 
to you. They shewed by this Conduct that they had your eternal 
good at Heart. It is a great Satisfiiction to me that ji^ou tell me 
what they said to you reached your Hearts, and that you are in- 
clined to have yourselves and your Children made acquainted with 



PROVINCIAL COUNCIL. 741 

the Christian Religion, and be enabled thereby to worship the Great 
God; You say thafryou incline, in about four Mouths, to go with 
tea of your People over the great Waters to see the Great King, 
and desire that I will make it known to him that you are coming, 
and that I would advise you when it will be a proper Time for you 
to set out ; In answer to this, Brother, I must acquaint you that 
our great King has appointed Sir William Johnson his Superinten- 
dant of Indian Affairs, to hear all Matters that his Brethren, the 
Indians, may have to say to him, and to write to him about them. 
" It will, therefore, be proper for you to apply to Sir William 
Johnson on this Head, who you know to be a Friend to all Indians, 
and will no doubt hearken to you, and give you good advice on the 
Occasion. I would chearfuUy comply with'your Request if I could 
do it consistent with the Orders of the King, my Master ; but as 
he has appointed Sir William to to write to him on all affairs the In- 
dians have to communicate to him, I give you this Belt, and refer 
you to him on this Occasion, and shall write to him what you have 
said to me hereon. 

A Belt. 
" Brother : 

" What you have told me of the great mischief arising 
from our Traders carrying Rum into the Indian Counti-y, 
I know is too true, and I have always been sorry when 
I heard it. We have made Laws to prevent it, and have 
punished some severely who have carried it among You. It is 
very difficult to prevent bad men from carrj'ing Rum to our 
Frontiers, or to find out those who do it; They always carry it pri- 
vately, and by stealth, as they know if it should be discovered by 
any of the Officers of my Government, it would be all taken from 
them, and they he sent to Prison. Governor Penn has been so un- 
easy about this Matter that he has laid it before his Assembly, and 
the Governors of the other Colonies have done the same, and they 
are now endeavouring to take some further Measures to put a stop 
to it. I promise you I will do every Thing in my Power to prevent 
it; but unless you will also join your Hands to help me, and refuse 
to buy it when it comes among you, it will be no easy matter wholly 
to hinder it. Our Traders say that your People wilf not trade with 
them if they do not bring some Rum vrith their Goods, and such as 
are so honest as not to carry it, say they cannot sell their Gooda, 
but must stand still and see the dishonest Trader buy all the Skins 
from the Indians with their Rum, and thereby cheating them of 
them, and every Thing else they have to part with. This, Brother, 
is a very heavy, great Work to effect, and you must join me to do 
every thing in your Power to put a stop to it fully ; And by this 
Belt I desire you to be strong, help and assist me herein to prevent 
any further Mischief. 

A Belt. 



742 MINUTES OF THE 

"Brother: 

" I desire you in my Name, to thank New-Coraer for the Intel- 
ligence he has sent me in his Letter. You know, Brother, it was 
agreed between us and our Indian Brethren, from the Beginnings 
that whenever either should hear of any Mischief or Evil intended 
towards the other, that we fehould inform each other of it imme- 
diately. You may dopend that I shall faithfully observe this on 
my Part, and I fully depend on all my Brethren, the Indians, giv- 
ing me the like Information if they should hear of any Indians in- 
tending to strike me, or do me any Mischief, that I may be on my 
Guard. 

"Brother: 

" I have now fioislicd my Answer to Your Speeches delivered to 
us in Council last Week. I observed when you came to Town you 
were almost destitute of good Cloaths, that you had worn them out 
in coming through the Bushes on your Journey. I therefore desire 
you will accept of this small Present of Cloathing which I have pro- 
vided for you, as a mark of my good Will and Affection for You ; 
and I also desire you will take into your Charge and Care these 
other Goods, and deliver them to our good old Brother, New-Comer, 
as a Testimony of my particular Regard and Friendship for him. 

"I now take my leave of you, as you desire to return iiome soon, 
and wish You a good Journey." 

It appearing by an authentic Copy of the last Will and Testament 
of the Honorable Eichard Penn, E^^quire, deceased, late one of the 
Proprietaries of this Province, transmitted from England, and re- 
ceived here last Week, that his Son, The Honorable John Penn^ 
Esquire, succeeds to the Proprietorship of one fourth Part of the 
Province, the Board were of Opinion that an Alteration ought to 
be made in the Great and Lesser Seals; It is therefore ordered that 
the Name [Richard] which is engraven round the Circumference of 
each Seal, be erazed, and the Name [John] engraven in its stead. 



At a Council held at New-Castle, on Wednesday the 5th day 
of June, 1771,«for the Government of the Counties of New Castle^ 
Kent, and Sussex, on Delaware. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, President of 
the Council of Pennsylvania. 

William Armstrong, Esquire, Speaker of the Assembly of the 
said Counties. 

Evan Rice, Esquire, President of the Court of Quarter Sessions 
of the Peace, &ca., for the County of New Castle. 

Charles Ridgeley, Esquire, President of the Court of Quarter 
Sessions of the Peace, &ca., for the County of Kent. 



PROVINCIAL COUNCIL. 743 

By the Departure of the Honourable John Penn, Esquire, (late 
Lieutenant Governor) to Great Britain, the Administration of the 
Government of the three lower Counties being, by an Act of As- 
sembly passed in the 9th Year of the Reign of Geo. 2d, devolved 
on and lodged in the President of the Council of Pennsylvania, the 
Speaker of the House of Representatives of the said Counties, and 
the three Magistrates who preside, or are first nominated in the 
Commission of the Peace for the three Counties of New Castle, 
Kent, and Sussex. The Honourable James Hamilton, Esquire, 
President, arrived at this Place yesterday in order to confer with 
those Gentlemen respecting the Exercise of the Powers of Govern- 
ment, and the Assembly having met on the third Instant, pursuant 
to adjournment, did this day send a Message to the President by a 
Committee of three members, acquainting him that their Speaker, 
Mr. John Vining, being dead, they had proceeded to chuse another 
in his stead, and had elected Mr. William Armstrong to be their 
Speaker, and requested to know whether the President and the 
Gentlemen joined with him in the Administration, had any Business 
to recommend to their Consideration; to which the President replied 
that they had no Matter of a Public Nature to communicate to the 
House which required their attention at this time. 

The President and his Council taking into Consideration the 
steps proper to be taken by them in the Administration, thought it 
necessary as the first Act of Government, to issue a Proclamation 
for the continuance of all officers in their respective offices, which 
the Secretary immediately prepared, and the same being approved, 
was signed by the President and the Council, and a Warrant for 
affixing the Great Seal thereto was issued by the President, under 
his Seal at Arms. The Proclamation follows in these Words, viz'-: 

" Counties on Delaware : 
" By the Honourable JAMES HAMILTON, Esquire, President 
of the Council of the Province of Pennsylvania, with the Ad- 
vice and Consent of the Gentleman appointed by Act of As- 
sembly for the Administration of the Government of the Coun- 
ties of New Castle, Kent, and Sussex, on Delaware, pursuant 
to the Powers and Authority granted by the said Act. 

"A PROCLAMATION. 

" Whereas, The Honourable John Penn, Esquire, Lieutenant 
Governor and Commander-in-Chief of the said Counties, hath em- 
barked for Great Britain, and by his Absence the Exercise of the 
Powers of Government, by virtue of an Act of Assembly passed in 
the ninth Year of the Reign of His late Majesty George the second, 
is devolved on and lodged in the said President, the Speaker of the 
House of Representatives of the aforesaid Counties, and the three 
Magistrates who preside or are first nominated in the Commission 



744 MINUTES OF THE 

of the J'eaeo for the said three Counties of New-Castle, Kent, and 
Sussex, (as by the said Act more fully appears). We have there- 
fore thought fit to publish and declare, that all Persons whatsoever, 
who held or enjoyed any office of Trust or Profit in this Govern- 
ment by virtue of any Commissions in Farce at the Time of the 
said Governor's Departure, and which Commissions have not since 
determined and expired, shall continue to hold and enjoy the same 
offices until they shall be determined by us, or some other sufficient 
Authority. And we do hereby command and require all Judges, 
Justices, and other officers whatsoever, in whom any Public Trust 
is reposed in this Government, that they diligently proceed in the 
Performance and Discharge of their respective Duties therein, for 
ihe Safety, Peace, and well being of the same. 
" Given at New Castle, under the Great Seal of the Counties afore- 
said, the fifth day of June, in the eleventh year of the Reign of 
our Sovereign Lord George the third, by the Grace of God of 
Great Britain and Ireland, King, Defender of the Faith, and so 
forth, and in the year of our Lord one thousand seven hundred 
and seventy one. 

"JAMES HAMILTON, 
"WILLIAM ARMSTRONG, 
"EVAN RICE, 
"CHARLES RIDGELEY. 
" By Order of the President and Council. 

" Joseph Shippen, Jun""-' Secretary. 

" G«D SAVE THE KING." 

It was then agreed that, for the greater Convenience and dispatch 
of the Common Business of the Government, the President should 
sign all Licences, Let Passes, and Registers, and such other Public 
Instruments and Papers as are to pass of Course. 



Eodem die, P. M. 

The President and his Council being again met, a Committee of 
Assembly waited on them, to acquaint them that as no Acts of Legis- 
lation could be passed, the House inclined to adjourn to the last day 
of September next, if the Board had no objection thereto; to which 
the President replied, in behalf of the Board, that the Adjourn- 
ment the House proposed to make was very agreeable to them. 



/ 



PROVINCIAL COUNCIL. 745 

At a Council held at Philadelphia, on Wednesday 19th June, 
1771. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, President. 
Joseph Turner, James Tilghman, "] 

William Logan, Andrew Allen, y Esquires. 

Benjamin Chew, Edward Shippen, Junior, J 

The Secretary laid before the Board a Return and Draught of a 
Boad laid out, Surveyed, and Returned into the Provincial Secre- 
tarie's Office, pursuant to an Order of Council of the 11th of De- 
cember last, beginning in a Road leading from Wright's Town to 
Bibury, and to extend thence on a Line dividing the Counties of 
Philadelphia and Bucks, or as nearly so as may be, to the Macungy 
Road, and at the same Time, he acquainted the Board that Several 
Persons living on or near the said Line, having several Objections 
to the said Road, requested that the President and Council would 
give them an Opportunity of being heard before they should come 
to any Determination thereon; the Board, therefore, appointed Thurs- 
day the first day of August nest, for the Consideration of this 
Matter, and directed the Secretary to give Notice thereof to some 
of the Petitioners for the Road, as well as to those who had re- 
Cjuested an Opportunity of explaining their Objections to it. 



At a Council held at Philadelphia, on Monday 1st July, 1772. 

PRESENT : 

The Honorable JAMES HAMILTON, Esquire, President. 

Joseph Turner, Thomas Cadwalader, ~) 

Richard Peters, • Andrew Allen, v Escj^uires. 

Benjamin Chew, Edward Shippen, Junior, ) 

The President laid before the Board the Transcript of two Re- 
cords of Conviction, which being read, it appears by one of the said 
Records, that at a Court of Oyer and Terminer and General Gaol 
Delivery, held at Lancaster, for the County of Lancaster, on the 
the 23d day of May last, before John Lawrence and Thomas Wil- 
ling, Esquires, two of the Justices of the Supream. Court and of 
the said Court of Oyer and Terminer, William Dickson and Mary 
Dickson were tried and convicted of a Felony and Murder, commit- 
ted on the Body of a certain Allan Regan, and have received Sen- 
tence of Death for the same. 

And by the other of the said Records it appears .that, at a Court 
of Oyer and Terminer and General Goal Delivery, held at Carlisle, 
for the County of Cumberland, on the fifth day of June last, before 
the said Justices, Edward O'Neal was tried and convicted of a Felony 



746 MINUTES OF THE 

and Murder, committed on the Body of a certain James Crowley, 
and hath received Sentence of Death for the same. 

The said Records being taken into Consideration, and it appear- 
ing by the Report of the said Justices to be their Opinion, from the 
Evidence given on the Trial, that neither William Dickson nor his 
Wife, Mary Dickson, had any real Intention of committing the 
Murder of which they were convicted; It was, therefore, the unani- 
mous opinion of the Board, that the Sentence of the Court awarded 
against the said William and Mary should be suspended until His 
Majesty's Gracious Pleasure be known ; and^they accordingly granted 
a Reprieve under the Great Seal, for the space of twelve Months. 
And the said Justices having reported no favourable Circumstances 
in behalf of the above named Edward O'Neal, but on the contrary, 
that it was fully proved on his Trial he had committed a Wilful 
and malicious Murder, The Board ordered a Warrant to be issued 
for his Execution on Wednesday the 24th of this Instant, July. 



At a Council held at Philadelphia, on Tuesday the 9th of July, 

i77i: 

PRESENT : 

The Honorable JAMES HAMILTON, Esquire, President. 
Joseph Turner, James Tilghman, '\ 

William Logan, " Andrew Allen, |- Esquires. 

Thomas Cadwalader, Edward Shippen, Junior, j 

A Member of Council acquainted the Board that Daniel Brod- 
head. Esquire, one of the Justices of the Peace for the County of 
Northampton, has lately removed into Berks County, and recom- 
mending him as a Man of good understanding and Character, and 
who had faithfully discharged his Duty as a Magistrate, requested 
that he might be put into the Commission of the Peace for the 
County where now resides. The Board approving of the said Re- 
commendation, Ordered that a .Special Commission be made out, 
appointing the said Daniel Brodhead a Justice of the Court of Gen- 
eral Quarter Sessions of the Peace and of the County Court of Com- 
mon Pleas for the said County of Berks. 



At a Council held at Philadelphia, on Wednesday the 10th of 
July, 1771. 

PRESENT : 

The Honorable JAMES HAMILTON, Esquire, President. 
Joseph Turner, James Tilghman, ? j^ jj.gg 

Benjamin Chew, Andrew Alien, 5 

Mr. Tilghman laid before the Board several Letters which he 
had just received from Northampton County, informing him that a 



PROVINCIAL COUNCIL. 747 

considerable Party of Connecticut People, to the amount of 500 
Men, under Arms, are proceeding on their way to Wyoming, with a 
Design to dispossess the People settled there under Contracts with 
the Proprietaries. The said Letters were read, and the Board ta- 
king into Consideration the Measures proper to be taken in order 
to prevent the Execution of that unlawful Enterprize, agreed, as 
the only Expedient at present in their Power, to issue a Procla- 
mation forbidding all Persons whatsoever to settle on any Lands 
within this Province, without Permission from the Proprietaries, or 
authority from this Government, and requring the Magistrates, 
Sheriffs, and other Peace Officers, to enforce a strict Execution of 
the Riot Act passed the last Session of Assembly. The Proclama- 
tion was accordingly issued, and a number of Copies thereof order- 
ed to be printed and sent to the Sheriffs of Northampton, Berks 
and Lancaster Counties, to be dispersed through those Counties. 
The Proclamation follows in these Words, Viz'': 

"% the Honorable JAMES HAMILTON, E&qxdre, President, 
and the Council of the Province of Pennsylvania. 

" A PROCLAMATION. ' 

" Whereas, a Number of Persons, chiefly of the Colony of 
Connecticut, have lately, as well as at different Times heretofore, 
in a forcible manner, without any Licence or Grant from the Hono- 
rable the Proprietaries of this Province, or Authority from this Go- 
vernment, possessed themselves of and settled upon a large Tract of 
Land on the River Susquehanna, within the known Limits of this 
Province, from whence they have been removed by due Course of 
Law, and the said Lands are now in the peaceable Possession of a 
number of People, under Contracts made with the said Proprie- 
taries for the Purchase of them : And Whereas, we have received 
intelligence that a Number of People of the said Colony of Con- 
necticut are now again assembled in Arms, and proceeding on their 
way to this Province, in a hostile and warlike Manner, in order 
violently and forcibly to take Possession of the said Lands on the 
Susquehanna : And Whereas, by an Act of General Assembly of 
this Province, made in the present year ' for preventing Tumults 
and riotous Assemblies, and for the more speedy and effectual 
punishing the Rioters,' it is enacted ' that if any Persons, to the 
Number of twelve or more, being unlawfully, riotously, and tu- 
multuously assembled together, at any Time after the Publication 
of this Act, and being required or commanded by any one or more 
Justice or justices of the Peace, or by the Sheriff of the County, 
or his under-Sheriff, or by the Ma3-or, Bailiff or Bailiffs, or other 
Head Officer, or Justice of the Peace, of any City or Town Corpo- 
rate where such Assemblies shall be, by Proclamation, to be made 
in the King's Name, in the Form therein directed, to disperse 



748 MINUTES OF THE 

themselves and peaceably to depart to their Habitations, or to their 
lawful Business, shall to the number of twelve or more, (notwith- 
standing such Proclamation made), unlawfully, riotously, and tu- 
multuously remain or continue together, to the Number of twelve 
or more, after such Command or Request made by Proclamation, 
shall be adjudged Felony, without Benefit of Clergy, and the Of- 
fenders therein shall be adjudged Felons, and shall suffer Death as 
in case of Felony, without Benefit of Clergy,' ' Wherefore, to pre- 
serve the Peace of the Province, and to warn and prevent any of 
the Inhabitants of this Government from being unwarily drawn in 
to join the said Intruders in prosecuting their illegal Settlements, 
and from Subjecting themselves to the Penalties of the said recited 
Act, We have judged it proper to issue this our Proclamation, 
hereby forbidding all His Majesty's Subjects of this«or any other 
Colony or Province, on any pretence whatsoever, to intrude upon, 
settle or possess any of the aforesaid Lands, or any other Lands 
within the Limits of this Province, without the express permission 
of this Government, as they will answer the contrary at their Peril, 
and on pain of being prosecuted with the utmost Rigor of Law ; 
And we do hereby strictly charge and enjoin all Magistrates, She- 
riffs, and other Peace officers within this Province, to enforce and 
carry into strict Execution the said Act of General Assembly, as 
well against the said Intruders, as all others who may transgress 
the same. 

" Given in Council, under the Great Seal of the said Province, at 
Philadelphia, the tenth day of July, in the Year of our Lord 
one thousand seven hundred and seventy-one, and in the eleventh 
Year of the Reign of our Sovereign Lord George the third, by 
the Grace of God, of Great Britain, France and Ireland, King 
Defender of the Faith and so forth. 

" JAMES HAMILTON, President. 
" By Order of the President and Council, 
" Joseph Shippen, Junior, Secretary. 

''GOD SAVE THE KING." 



At a Council held at Philadelphia on Tuesday the 16th of July, 
1771. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, President. 
Joseph Turner, James Tilghman, "| 

Richard Peters, Andrew Allen, I Esquires. 

Benjamin Chew, Edward Shippen, Jun''' J 

Captain Amos Ogden, who came to Town last Night Express 
from Wyoming, appeared at the Board, and acquainted them that 
on Tuesday last about seventy armed Men from Connecticut, joined 



PROVINCIAL COUNCIL. 749 

by Lazarus Stewart and some others of his Accomplices in the 
Murder of Nathan Ogden, had arrived at Wyoming, with a design 
of repossessing the Lands there, and prosecuting their illegal Set- 
tlement. He also represented the distressed Condition of the Peo- 
ple who are settled there under Contracts with the Proprietaries, 
that they consisted at present of about forty Men, (many others be- 
ing absent taking care of their Harvest on Delaware,) and about 
one hundred and fifty women and Children, who, on the approach 
of the Connecticut Intruders, were obliged to take refuge for their 
safety and defence in a Block House, where they had but a small 
Quantity of Provisions, which could not last them longer than 
about ten-days; That unless somaRelief and Assistance was imme- 
diately sent to them, they would be obliged to abandon their Set- 
tlements, and leave the Connecticut Tresspassers the Possession of 
their Lands, and all their Fields of Wheat and Indian Corn ; That 
they had therefore requested him to come down with all the Dis- 
patch in his Power, and make application to the Government in 
their behalf, to grant them such Assistance and Relief as they 
should judge would be sufficient to enable them to stand their 
Grounds, and remove the Party who were come to distress ihem. 

The Board taking this Matter into their serious Consideration, 
were of Opinion that, in Order to bring to Justice that dangei-ous 
Villain, Lazarus Stewart, and his daring accomplices, to preserve 
the Public Peace, and prevent such Tumults and Riots as have 
heretofore been committed by them, in conjunction with the Con- 
necticut People, it would be expedient and necessary to order the 
Sheriff, and one or more of the Justices of the Peace for the County 
of INorthampton, to proceed without delay to Wyoming, taking 
with them about an hundred Men, as a Posse Comitates, in order 
to enforce the Riot Act lately passed in this Province, and by 
legal warrants to apprehend and bring to Justice, not only such as 
had been concerned in the Murder of Nathan Ogden, and in former 
Riots, but such as should oppose them in the due execution of the 
Laws. 

" It was, therefore, accordingly agreed that an hundred Men 
should be hired to accompany the Sheriff to Wyoming for the Pur- 
poses aforesaid, and that a quantity of Provisions should be imme- 
diately provided in Town and sent up to Northampton for their sub- 
sistance, and for the relief of the -Settlers at Wyoming; and that 
Mr. Tilghman and Mr, Joseph Shippen should proceed without 
delay to Easton, in order to meet the Magistrates of Northampton 
Cotftity, and consult them upon the proper Steps to be taken for the 
speedy raising a Number of 3Ien, and forwarding the intended Mea- 
sure. And in order to defray the Expences which must Necessarily 
arise in carrying this Measure into Execution, The Board, upon 
considering a Letter from Henry Wilmot, Esquire, to Mr. Chew, 
approved by the Proprietaries, relative to the removing the Con- 
necticut Intruders from off the Lands at Wyoming, are of Opinion 



750 MINUTES OF THE 

that the Receiver General may be justified in paying the Draught 
of this Board for the Sum of tliree hundred Pounds, and they have 
accordingly drawn an Order on the Receiver General for that Sum, 
payable to the said Mess''- Tilghman and Shippen, to be applied to 
those Expences. 



At a Council held at Philadelphia, on Thursday the 1st of Au- 
gust, 1771. 

PRESENT : 

The Honorable JAMES HAMILTON, Esquire, President. 

William Logan, James Tilghman, > tji 

Richard Peters, Edward Shippen, Jun""' 3 ^ 

The Council was this day summoned to consider the Return of 
the Road on the Line dividing the Counties of Philadelphia and 
Bucks; but as no more than four Members attended, (several of 
them being out of Town), it was agreed that the Consideration of 
this Matter should not be entered upon without a fuller Board. The 
hearing of the Parties for and against the Road was therefore post- 
poned 'till Monday the ninth of September next, and the Secretary 
gave Notice thereof accordingly to the Persons concerned, who at- 
tended on this Occasion. 

One of the Members of Council acquainted the Board that John 
Moore, Esquire, one of the Justices of the Peace for the County 
of Northampton, had some Time ago removed into Philadelphia 
County, and recommending him as a Man of good Understanding 
and Character, who had discharged his Duty as a Magistrate 
with Fidelity, requested he might be put into the Commission of 
the Peace for the County where he now resides. The Board appro- 
ving of the said Recommendation, issued a Special Commission, ap- 
pointing the said John Moore, Esquire, a Justice of the Court of 
General Quarter Sessions of the Peace and of the County Court of 
Common Pleas for the County of Philadelphia. 



At a Council held at Philadelphia, on Saturday, 3d August, 1771. 

PRESENT : 

The Honorable JAMES HAMILTON, Esquire, President. 
Benjamin Chew, Andrew Allen, } -p 

James Tilghman, Edward Shippen, Jun., 3 ^ 

Mr. Tilghman and Mr. Joseph Shippen, who returned a few days 
ago from Northampton, Reported to the Board, That on their ar- 
rival at Easton, they had a Meeting with all the Magisti'ates of the 
County, who each engaged to use their Influence in raising Men in 



PROVINCIAL COUNCIL. 751 

different Parts of the County to meet the Sheriff over the Moun- 
tain on the Wednesday following, and to accompany him to Wyo- 
ming ; that notwithstanding the Endeavours used by the Magis- 
trates and others who were employed in New Jersey to raise Men, 
there assembled at the Place of Rendezvous not more than about 
forty ]Men, instead of an hundred, expected to be raised ; that so 
small a number of Men, upon a consultation with the Magistrates, 
were thought very insufficient to effect the Business at Wyoming ; 
Whereupon it was judged most advisable to suspend the attempt 
till the Harvest was over, when there would be a greater probabili- 
ty of procuring a sufficient Force, and in the mean Time to send a 
Party of about twenty men with a supply of Flour to our People 
in the Block House at Wyoming, who, by the intelligence received 
from thence, were in great Distress for want of that Article, and 
were invested by four different Incampments of the New Eng- 
landers and the other Rioters ; That having given directions for the 
immediate dispatch of this supply, they left Instructions with Mr. 
Gordon and the other Magistrates, the Sheriff and Mr. Charles 
Stewart, to make another attempt to raise about sixty Men, to meet 
at the Foot of the Mountain on Wednesday the 12th of August, 
which, with the Party sent with the Flour, and the Men then in tjie 
Block House, were judged sufficient to assist the Sheriff in execu- 
ting the Riot Act, and in the further discharge of his Duty. Mr. 
Tilghman then laid before the Board the Deposition of Thomas 
Neal and Valentine Arnott, cStc"-' taken before Captain Amos Ogden, 
which was read, and is as follows, Viz'- : 

** Thomas Neal, Valentine Arnott, and Thomas Scott, being duly 
sworn on the Holy Evangelists, doth depose and say, that on Tues- 
day Morning the 30th Instant, July, 1771, these Deponents was in 
Company with Captain Joseph Morris and John Dick, who com- 
manded a party of Men sent to Weyomee with Provision for the 
relief of the distressed Persons in the Block House, and as the 
Party was marching along the Road within three or four hundred 
Yards of the Block House, was hailed by a Man which they be- 
lieve was a Sentery. He asked who comes there ; He was an- 
swered a Friend, by Captain Morris or some of his Party ; they was 
hailed several Times, and still answered and marched on, until they 
had got almost between two Breast Works, when they saw a Man 
rise up, hail'd, ordered them to stand, and swore by God he would 
fire ; th?y still marched on ; he immediately presented his Gun and 
fired. The Fire then soon became general from the Breast Works 
and ouf of the Woods. Morris and Dick's Party returned the Fire 
and took to the Trees; but these Deponents did not continue but 
a very short Time before they thought it Time to make their 
Escape, as they saw the Numbers of their Enemy increase. The 
Fire grew hot, and they was a surrounding them ; these 
Depon<nts saw some of their own Men fall, but cannot say 
that they was killed; they returned to a thick Wood, a mile or two 



752 MINUTES OF THE 

from the Block House, where they lay the greatest part of the day, 
and then made the best of their way for the Inhabitants ; further 
these Deponents saith not. 

" Sworn before me. 

" AMOS OGDEN, Ju^- 

'' August 2d, 1771." 

The Board though't proper to postpone the Consideration of this 
Matter till further intelligence shall be received from Wyoming, 
respecting the Event of the Skirmish mentioned in the above Depo- 
sition, and the situation of our People in the Block House at that 
Place. 



At; a Council held at Philadelphia, on Tuesday the 6th of August, 
1771. 

PRESENT : • 

The Honourable JAMES HAMILTON, Esquire, President. 
William Logan, Thomas Cadwalader, "j 

Bichard Peters, James Tilghman, [-Esquires. 

Benjamin Chew, J 

Mr. Tilghman laid before the Board two Letters he received 
this Morning by Express^from Easton, which were read, and are as 
follow, Viz'-; 

"Easton, 5th August, 1771. 
"Sir: 

" We have been held under suspense as to the fate of our Party 
that was sent up with Provisions for the relief of the distressed 
People in the Block House, until this minute that I received the 
inclosed Letter, with very agreeable intelligence from John Dick, 
to which I beg leave to refer you. This Account gives me a very 
singular satisfaction, as the vague Reports which have been indus- 
triously propagated have been highly exaggerated against us. The 
nine of the Piirty which Dick mentions to be missing are all re- 
turned safe. Those in the Block House will be soon in want 
of another Supply, and therefore it will be necessary that effectual 
Measures be immediately taken for that Purpose. This day was 
appointed by the Sheriff and Justices to rendezvous all the Men 
they had engaged for that Service at Heller's, but they being dis- 
couraged by the repeated bad Tidings from Wyoming, refused to 
go, and whether, even from this good Prospect of our Affairs, they 
will again be prevailed upon, is somewhat doubtful. 
"I am in great haste, Sir, 

" Your most Obedient, humble Servant, 
"LEWIS GORDON, 

"James Tilghman, Esquire." 



PROVINCIAL COUNCIL. 753 

"Wyoming, August 1st, 1771. 
"Sir: 

" Last Tuesday, about Break of Day, I arrived at this place with 
31 Men and the Provisions, and was attacked by the Yankeys, (who 
had information of our coining by a Letter falling into their Hands, 
which an Indian was sent with by Captain Ogden), we were sur- 
rounded by their Fire ; we lost two Loads of Flour, and got in 
with the remainder, with 22 Men; nine of our Men are missing; 
whether they retreated or are killed, I can as yet have no informa- 
tion ; they have kept an almost constant Fire on the Block House 
ever since from four entrenchments. We have forty-nine Men able 
to bear arms, besides two that is wounded, forty-eight Women and 
Children, and are determined to hold out to the last extremity. If 
the Forces is not sent immediately, we shall be in a bad situation. 
" I am Sir, your very humble Servant, 

'<JN« DICK. 

"P. S. We had Information by an Indian, the other Party has 
three killed and several wounded. 

" To Lewis Gordon, Esquire." 

The Board having considered what further Steps ought to be 
taken for the removal of the Connecticut and other Intruders from 
the Lands at Wyoming, agreed that Orders be immediately dis- 
patched for raising one hundred Men, with the utmost Expedition, 
to accompany the Sheriff as a Posse to Wyoming, in order to 
enforce the lliot Act, and to pursue the steps directed by this Board 
on the sixteenth ultimo. But it appearing that the Money whicli 
was then advanced on the Proprietaries' Account by the lieceiver 
General, is nearly one-half expended, by Means of the late Attempt 
to raise Men and in purchasing a Quantity of Provisions, and re- 
inforcing the Block-House at Wyoming with Men and Flour, it 
was conceived that the Remainder would not be sufficient for car- 
rying this Matter into Execution, and as it^was not thought proper 
to apply to the Receiver General for any more money on this Ac- 
count, the President acquainted the Board that if they thought the 
additional Sum of £300 would be sufficient for the Purpose, be 
would chearfully advance so much himself, and accordingly re- 
quested Mr. Tilghman would call on him for that sum whenever it 
should be wanted. 



VOL. IX. — 48. 



754 MINUTES OF THE 



At a Council held at Philadelphia, on Tuesday the 13th of Au- 
gust, 1771. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, President 
Joseph Turoor, James Tilghman, ) ^ .^^^ 

Benjamin Chew, Andrew Allen, ) ^ 

Mr. Tilghman presented to the Board two Letters he had receiv- 
ed by Express, from Lewis Gordon, Esquire, of the 8th and 11th In- 
stant, which were read, and are as follow, Viz'- : 

"Easton, the 8th of August, 1771. 
"Sir: _ • _ 

''I received your answer to my Express by Speringthis Morning, 
and as it was expected that the Government would adopt the Mea- 
sures they have, care has been taken to keep the Men in the best 
Spirits possible, so that by Saturday or Sunday next it is not un- 
likely but that one hundred efiective Men may be ready to march 
for the relief of the Block House, which with the Number already 
there is, judged sufficient to disperse the Rioters. I have recommended 
it to the Consideration of Captain Ogden, if it be at all practicable,, 
to throw in Succors to the Sufferers, whether it would not be most 
eligible to do it through means of Job Chillaway, the Indian, and 
his Friends at Wyaloosing, who, being Neutrals in the Dispute, 
may perform this Service by water Carriage with great safety, and 
even without Suspicion ; whereas, our Men must run the greatest 
Eisque ; I observe what you say with respect to the decoy Letter, 
but I am afraid old Birds will not be taken by Chaff; they have 
been served so before, and discovered it too late, therefore they are 
no doubt on their Guard. However, nothing can be lost by the Experi- 
ment. 

" The rendezvous being appointed a week sooner than you pro- 
posed, was only to compare our various Successes, and if sufficient, 
to avoid Expenees. The Business shall be expedited with the ut- 
most Activity, which, as you well observe, is the Life of the Cause; 
but you do not seem sufficiently to consider under what embarrass- 
ments we labour for want of Money, which is the Soul of it. There 
is a difference between bad pay and no pay at all ; Shoes and other 
Necessaries are wanting, and therefore, it is expected that you will 
3ew.d Money without delay. 

"I remain. Sir, 

" Your most obedient Servant, 

" LEWIS GORDON 

"Jambs Tilghman, Esquire." 



PKOVINCIAL COUNCIL. 755 

" Easton, August lltb, 1771. 

" I received your Express this moment, by Mr. Robinson, and 
am sorry to inform you that the raising the Posse has not succeeded 
so well as we had reason to expect ; for upon a Muster made yesterday 
at Reemy's, there appeared only about 25 Men, altho' from the 
Promises made us, we had reason to expect not less than an hundred, 
but they are drawn otF again by their Friends, who look upon the at- 
tempt as too dangerous. The Block House, in my opinion, cannot be re- 
lieved in Time, which gives me the greatest Concern, as it is but 
too likely they will use the People cruelly if they fall into their 
Hands. It now appears to me that you cannot depend upon raising 
a Sufficient Force in these Parts to disperse them, as the bulk of the 
County is averse to it, and even exclaim against it. I enclose a 
Deposition of Joseph Drake, which ascertains their Number, also 
the Number of their killed and wounded, and takes notice of their 
cruel and Merciless Dispositions. As yet 1 know not any more with 
respect to the Situation of the Sufferers, for the Person who deliv- 
ered Dick's Letter to me came not from the Fort. But this one 
Thing I ki:ow, that it is the first Time I beard of King's requisition 
of Provisions from me or any body else here. There is not the 
least Shadow of Truth in it, and the Report is a malicious Calumny. 
He is now at Reemy's, with his small Party, waiting to be rein- 
forced, and, for any Thing I ever heard, in very good humor. Pray 
what is to be done with the 25 Men at Reemy's; are they to be 
discharged or continued in pay. I Pray also you will not suffer 
false Reports to injure your best Friends. 
" I am in haste, 

"Your most obedient Servant, 

" LEWIS GORDON. 

"Mr. TiLGHMAN." 

The Board took the Subject of the above Letters into considera- 
tion, but thought it most advisable to defer a Determination thereon 
'till more particular Intelligence should be received respecting the 
Condition of the Wyoming Affairs, as well as further Accounts of 
the Magistrates' success in raising Men iu Northampton County, 



756 MINUTES OF THE 

At a Coancil held at Philadelphia, on Monday the 19th of Au- 

guBt, 1771. 

PRESENT : 

The Honorable JAMES HAMILTON, Esquire, President. 
Joseph Turner, James Tilghman, ") 

Richard Peters, Andrew Allen, V Esquires. 

Benjamin Chew, Edward Sbippen, Jun'' ) 

Mr. Tilghman presented to the Board three Letters, which he re- 
ceived on Saturday Evening last by Express from Easton, which 
were read ; one of which Letters follows in these Words, Yiz'- : 

" Ten Mile Run, 4 O'clock, P. M. 
*' Sir : 

" I came here ahout half an hour ago, where we received the dis- 
agreeable News of the Block House being obliged to surrender for 
want of Provisions. We sent David Ogden and an Indian in last 
Night, but, as they could not get in, our People could not hear of 
*heir approach, otherwise they could have held out 'till Morning. 
We were just sending off Flour, by way of Lackawanack, and in- 
tended this Night to attack their Camp over the Eiver; one of our 
People in the Block House was killed on Tuesday, from the other 
eide of the River. I should be glad to know how to proceed farther. 
We shall keep the Shehole and the Minisink Paths Guarded, to pre- 
vent more People, etc"'- coming to them, or Retreat to the other side 
of the Swamp till more Men and further Orders comes up. They 
are 150 strong, and will get as many more in ten days. Our Peo- 
ple are 60 in number, and much disheartened, so that there is no 
persuading them farther on, and indeed we could with such a num- 
ber do nothing decisive. 

'' I remain. Gentlemen, your humble Servant, 

''AND^^LEDLIE. 

*' To Mess"- Gordon & Cogline, Esquires. 

They will permit me to go unarmed to dress the wounded. 

The other two Letters are from Charles Stewart and Lewis Gor- 
■don, Esquires, dated at Easton, the 16th of August Instf.nt, and are 
in Substance the same as the foregoing, containing an Account of 
the Surrender of the Block House at Wyoming, and a Journal of 
the Proceedings of the Party who had been sent to succour our People 
at that Place. 

The Board having duly considered the disagreeable Account of 
£he surrender of the Block House at Wyoming to the Rioters, con- 
tained in the above mentioned Letters, and the Difficulties attending 
the dispossessing and removal of them at this Time, were of Opinion 
that all further Attempts for that Purpose should be suspended 'till 
ihe Meeting of the Assembly next Month, and that then a true 



PROVINCIAL COUNCIL. 757 

State of the Pilots and hostile Proceedings of Lazarus Stewart and 
his Party, with a Number of others who had joined him from Con- 
necticut, and other Colonies, should be commuoicated to the As- 
sembly, and that it be recommended to them to take effectual Mea- 
sures for apprehending and punishing the said Rioters, and dispos- 
sessing them of the Lands they unlawfully hold by Force of Arms. 
Mr. Tilghman then laid before the Board a Draft of a Letter he 
bad prepared at their Request, to the Honorable the Proprietaries, 
communicating to them the Measures hitherto pursued by the 
Council since (xovernor Penn's Departure, for the keeping Possess- 
ion of the Lands at Wyoming against the Intrusions of the People 
of New England, and others in Confederacy with them, and ac- 
quainting them with the present State of Affairs there. The said 
Letter was read, and being approved, was ordered to be fairly tran- 
scribed and dispatched by the first Opportunity, to England. The 
Letter follows in these Words, Viz*: 

"Philadelphia, the •20th of August, 177L 
" May it please your Honour : 

" We beg leave to lay before You a State of the Settlement at 
Wyoming, which for several Years past hath been a most expensive 
Article to you, and given great Trouble to every body concerned ia 
Government. The gaining a Possession there by the Connecticut 
Susquehanna Company, and the extending their Settlements to other 
Parts of the New Purchase, equally within their Claim, has been 
thought so greatly to affect your Interest, as well as the Peace and 
good Order of the Province, that Attempts have from Time to Time 
been made to dislodge them, which have been generally been suc- 
cessful, tho' very expensive, and 'Hopes have still been conceived 
that each removal would discourage these lawless Intruders from, 
further Attempts to establish their unlawful Possessions, especially 
as the Government here have been informed that the Legislature of 
Connecticut could not be prevailed on to support their Proceedings. 
The last removal of them was in January, after which it was deter- 
mined to sell the Lands to such People as had been concerned ia 
making the Settlement, in order the more strongly to induce them, 
to defend the Possession against these Intrusions, and in conse- 
quence of this Resolution, the Lands were offered to Sale, and a 
Number of People entered into Contracts for the Purchase of them ; 
an Account of which proceeding the late Governor carried over with 
him. 

" As we were informed, the Government of Connecticut had lately 
so far interfered in the Affair as to enter into an Enquiry concern- 
ing the Right of the Colony to the disputed Lands, but would not 
intermeddle at Present with the Possession, we were in good Hopes 
no violent Measures would have been again pu;-sued by the Susque- 
hanna Company; Yet, to our surprize, we received Information oa 



768 MINUTES OF THE 

the 16th of last Month, that an armed body of the Intruders had 
marched to Susquehanna about a Week before, and had taken Pos- 
session about a Mile and an half from our Block House at Wyo- 
ming, and being superior in Number to our People then on the 
Ground, (a good many of our Settlers having left the Place to 
take Care of their Harvests on Delaware), they had confined them 
to the Block-House, and seized upon their Cattle, Horses and 
other EiFects. Upon considering the great Inconvenience of hav- 
ing this Settlement broke up and abandoned, the discourage- 
ment it might give to the Settlement of the other parts of the new 
Purchase on the Susquehanna, and how dangerous it might prove 
to the Public Peace and Tranquility of the Provinco, to suffer it to 
remain without opposition in the Hands of these Intruders, who 
had taken under their Protection those dangerous villains, Lazarus 
Stewart and his Accoinplices, in the murther of Nathan Ogden, 
(for apprehending whom the Assembly had oflFerod large Rewards), 
We came to a Resolution of once more attempting to remove them, 
by a legal Procedure upon our Riot Act, and to relieve our own 
People in the Block-House from their distressed Situation. And 
as this could not be effected without some considerable Expence, 
which the Settlers at this Time were not in a capacity to defray, 
We, upon considering Mr. Wilmot's Letter to Mr. Chew, approved 
by the Proprietaries, relative to the removal of the Connecticut In- 
truders, were of opinion we might venture to draw upon the Receiver 
(reneral for the Sum of three hundred Pounds Ibr this Service, and 
even to indemnify him for the Payment of it. And we were the 
rather induced to this Measure, as we were well informed that the 
principal Members of the Connecticut Company opposed this Expe- 
dition, (tho' a majority were for it), which leads us to expect that, 
could they now be effectually oppcfsed, they would not again embark 
in the affair against tlie opinion of their principal People. 

" To promote and forward this Service, Mr. Tilghman and Mr. 
Joseph Shippen went to Northampton, but it being in the midst of 
Harvest, a sufficient number of People to attempt a removal could 
not be immediately raised, and therefore a Party of twenty men 
was sent over with a Quantity of Plour (the only Article they were 
in great want of) to relieve our People in the Block- House, and 
enable them to hold out 'till the Harvest was over, and a sufficient 
Posse could be raised to remove the Intruders. This Party was 
attacked and fired upon by the Connecticut People, who had by this 
Time invested the Block-House, and with great difficulty got iu 
with a part of their Provisions; two of the Men being wounded,. 
Our People in their own Defence returned the Fire, and it is said 
killed and wounded some of the other Party. This Event made it 
exceeding difficult to collect any thing ot a Posse to attend the 
Sheriff, or to send any further Relief to the Block- House, which 
was known to be in great distress. At length, on the 13th Instant,^ 
the number cf sixty-two Men was made up, and marched towards 



PROVINCIAL COUNCIL. 759 

Wyoming. But on the 15th, about two miles on this side Wyom- 
ing, they received intelligence that the Block-House, unable any 
longer to hold out for want of Provisions, had surrendered the night 
before. 

'' Upon receiving this Intelligence, and considering that the num- 
ber of our people was insufficient for the purpose of dispersing the 
Rioters, who are superior in number and in Possession of the Bloek- 
Ilouse, we ordered them to be discharged, to avoid a further Ex- 
pence. 

" Thus, unfortunately, has this troublesome affair ended, and it 
seems as if these Intruders must retain their Possession, unless the 
Assembly will take the matter up, and give that Assistance of Mo- 
uey which is absolutely necessary for their Removal. We have no 
Militia, and if the Assembly will not interest themselves, you have 
in our opinion, no way left but to push a decision of the Right be- 
fore the King and Council. And as it is a point of Jurisdiction as 
well as of Right, it ought to have all possible dispatch, to prevent 
the many fatal Consequences attendijig a Settlement made in a 
manner hostile, and not subject to any Government. 

" But we have good Reason, upon conferring with the Speaker 
and some principal Members of the Assembly, to expect the Gov- 
ernment will have their Assistance in this matter. 

"As soon as ever the People who commanded at the Block House 
come down to Town, a particular Account of the Affair shall be 
taken upon Oath, and transmitted to you by the first Oppor- 
tunity. 

'' We are truly concerned at this Indignity which the Govern- 
ment must suffer, and that the Exponce it has been to you has not 
answered our Expectations. It will cost considerably more than 
the ^800, for which we drew on the Receiver General, but the 
Overplus will not come out of your Purse. 

'* We have the Honor to be, with due Regard, 

^' Your most Obedient humble Servants, 
" BENJAMIN CHEW, 
''JAMES TILGHMAN, 
"ANDREW ALLEN, 
"EDWARD SHIPPEN, Jua'- 
• "JAMES H.\MILTON, 
" JOSEPH TURNER, 
"RICHARD PETERS, 
"THOMAS CADWALADER. 

" P. S. August 22d. The Persons who commanded in the Block 
House having come to Town, since writing the above, their Deposi- 
tions have been taken, and are now inclosed." 

• " To the Honourable Thomas Penn and John Penn, Esquires, 
Proprietaries of the Province of Pennsylvania, London. 



760 MINUTES OF THE 

The Board ordered that a special Commission be issued, appoint- 
ing Mr. Matthew Clarkson a Justice of the Court of General 
Quarter Sessions of the Peace and of the county Court of C'om- 
mon Pleas for the City and County Philadelphia, in order to ac- 
comodate him in his Office of Notary Public, by enabling him to 
take the Ackoowledgements of Deeds, <fcc*' 



At a Council held at Philadelphia, on Monday 9th Septem- 
ber, 1771. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, President. 
Joseph Turner, Thomas Cadwalader, "^ 

William Logan, Andrew Allen, [ „ 

Eichard Peters, Edward Shippen, Jun'' | ^ 

Benjamin Chew, J 

The Consideration of the Return of the Road on the Line divi- 
ding the Counties of Philadelphia and Bucks, having been post- 
poned from the 1st of August last to this day, several of the In- 
habitants of both Counties appeared, and presented to the Board 
Petitions from a considerable Number of People of those Counties, 
setting forth their Objections to the Confirmation of that Road, and 
praying leave to explain them. The Return and Petitions being 
severally read in their Order, the Petitioners against the Road, as 
well as those who attended at the Board in support of it, were fully 
heard. 

Whereupon the Board, after deliberate Consideration had of the 
Objections made to the Road, and the Reasons urged in its favor, 
were unanimously of opinion that the same is by no means neces- 
sary for the Public Service, and- it is therefore disallowed. 

The President having on the 31st of August, received by the 
Packet a Letter from the Right Honorable the Earl of Hillsbor- 
ough, one of His Majesty's Principal Secretaries of State, dated 
the third of July last, inclosing His Majesty's Order in Council 
respecting twenty Acts of Assembly passed in this Province, with 
an Instrument in Writing, under the Privy Seal, adjudging and de- 
claring one of the said Acts to be void ; and a like Instrument 
signifying His Majesty's disallowance of a Law passed in this Pro- 
vince in September, 17G4, laid them before the Board; they were 
severally read, and are as follows. Viz'- : 

(No. 26.) 

"Whitehall, July 3d, 1771. ' 
"Sir: 

"Inclosed I send you by the King's Command, an Order of'His 
Majesty in Council on the 24th of May last, upon the Considera 



PROVINCIAL COUNCIL. 761 

tion of several Laws passed in Pennsylvania in September, 1769, 
and in February, May, and September, 1770. I likewise transmit 
to you, in Order to its being published in the proper Manner, an 
Instrument which has passed under the Privy Seal, signifying Hia 
Majesty's Adjudication and Declaration of one of the said Acts to 
be void, and also another like instrument, that passed the Privy 
Seal in June, 1766, for declaring void a Law of Pennsylvania 
enacted in September, 1764, which Instrument I found upon En- 
quiry, had been neglected to be taken out at the Time it passed. 
" I have the Honor to be Sir, 

" Your most obedient Humble Servant, 

'^ HILLSBOROUGH. 
" Deputy Governor of Pennsylvania." 



At the Court at St. James's, the 24th day of May, 1771, 

[L. S.] present: 

THE KING'S MOST EXCELLENT MAJESTY. 

Lord President, Earl of Briston^ 

Duke of Queensberry, Earl of Pomfret, 

Lord Stewart, Viscount Falmouth, 

Earl of Dembigh, Lord Grantham. 
Earl of Rochford, 

Whereas, there was this Day read at the Board a Report from 
the Right Honorable the Lords of the Committee of Council for 
Plantation AlFairs, upon considering twenty Acts passed in the Pro- 
vince of Pennsilvania, in September, 1769, and in February, May, 
and September, 1770, which Report is dated the 23d Instant, and 
is in the Words following, th^t is to say : 

Your Majesty haviug been pleased, by your Order in Council of 
the 11th of February last, to refer to the Lords Commissioners for 
Trade and Plantations twenty Acts passed in the Province of Penn- 
sylvania, in September, 1769, and in February, May, and Septem- 
ber, 1770, with directions to them to make their Report thereupon 
to this Committee, which Acts are Intitled as follows, Viz'': 

No.l. " An Act to enable the Owners of Meadow Lands on both 
sides of Gunner's Creek, to construct, maintain, and keepupaDam 
and Sluices, and to raise a Fund to defray the Expence thereof." — 
Passed the 24tk of February, 1770. 

No. 2. "An Act for repairing the Highway between Frankford 
Rridge and the Bridge over Frankford Mill-Race." — Passed do 

No. 3. " A Supplement to the Act intituled ' A Supplement to 
the Act intituled ' An Act for taking Lands in Execution for the 
Payment of Debts, and for confirming Partitions in several Instancea 
heretofore made.' " — Passed do. 



762 MINUTES OF THE 

No. 4. " An Act for the better confirmation of the Estates of 
Persons holding or claiming under i^eme-Coverts, and for establish- 
jng a Mode by which Husband and Wife may hereafter convey 
their Estates." — Passed do. 

No. 5. " A Supplement to the Act intituled * An Act to enable 
the owners and Possessors of a certain Tract of Marsh and Meadow 
Land therein described, Situate in the County of Chester, to keep 
the Banks, Dams, Sluices, and Flood Gates in repair, and to 
raise a Fund to defray the Expense thereof." — Passed do. 

No. 6. '' An Act for the Sale of Goods distrained for Rent, and 
to secure such Goods to the Persons distraining the same, for the 
better security of Rents, and to prevent Frauds and Abuses com- 
mitted by Tenants." — Passed do. 

No. 7. '' An Act for appointing Commissioners to meet with 
Commissioners who are or may be appointed by the Legislatures 
of the Neighbouring Colonies, to form and agree upon a General 
Plan for the Regulation of the Indian Trade." — Passed do. 

No. 8. "An Act for incorporating the Society formed for the Re- 
lief of poor, aged, and infirm Masters of Ships, their Widows and 
Children." — Passed do. 

No. 9. "A Supplement to the Act entituled ' An Act for bailing 
Prisoners, and about Imprisonment." — Passed do. 

No. 10. "An Act for the relief of the languishing Prisoners in 
the Goals of the several Counties within this Province, with respect 
to the Imprisonment of their Persons." — Passed do. 

No. 11. "An Act for punishing wicked and evil disposed Per- 
sons going armed in Disguise, and doing Injuries and Violence to 
the Persons and Properties of His Majesty's Subjects within this 
Province, and for the more speedy bringing the Offenders to Jus- 
tice." — Passed do. 

No 12. " An Act for the relief of John Relfe and Abraham 
Howell, Prisoners in the Goal of Philadelphia, with respect to the 
Imprisonment of their Persons." — Passed the 30th September, 
1769. 

No. 13. " An Act for the Support of the Government of this Pro- 
vince, and Payment of the Public Debts." — Passed do. 

No. 14. "An Act to continue An Act entituled ' An Act to en- 
able the Commissioners hereinafter named, to settle the Accounts 
of the Managers, and to sue for and recover from st-veral Persons 
such Sums of Money as are now due and unpaid on Account of the 
Lottery set up and drawn for erecting a House of Worship at the 
Town of Carlisle, in the County of Cumberland, for the use of the 
first Presbyterian Congregation under the Pastoral Care of John 
Steel. "^ — Passed do. 

No. 15. " An Act for the relief of John Galbreath, a languish- 
ing Prisoner in the Goal of Chester, with respect to the Imprisou- 
meat of His Person." — Passed do. 



PROVINCIAL COUNCIL, 763 

No. 16. *' An Act for the further continuance of the Act enti- 
tuled ' An Act for appointing Wardens for the Port of Phihidel- 
phia, and for the better regulating Pilots plying in the Hiver and 
Bay of Delaware, and the Price of Pilotage to and from the said 
Port."— Passed 16th May, 1770. 

No. 17. " An Act to continue an Act entituled ' An Act for the 
opening and better amending and keeping in repair the Public 
Roads and Highways within this Province." — Passed 29th Septem- 
ber, 1770. 

No. 18. " An Act for regulating Waggoners, Carters, Draymen, 
and Porters, within the City of Philadelphia, and for other Purposes 
therein mentioned." — Passed do. 

No. 19. '^ An Act for the Regulation of Apprentices within this 
Province." — Passed Do. 

No. 20. '' An Act for the support of the Government of this Pro- 
vince, and Payment of the Public Debts." — Passed Do. 

*< The said Lords Commissioners for Trade and Plantations, pur- 
suant to your Majesty's aforementioned Order in Council, have made 
the following Report to this Committee." 

*' That these Acts having in general been enacted for Purposes 
of Domestick Economy and Convenience, we have no Observations 
to submit to your Lordship's Consideration thereupon, neither has 
any objections in Point of Law been reported to us by Richard 
Jackson, Esquire, one of His Majesty's Counsel, to whom we have 
referred these Acts, except in the four following cases. 

" The first and second of these respect two acts passed in the said 
Province of Pensilvania in the year 1769, intitled : 

1st. " An Act for the Relief of John Relfe and Abraham How- 
ell, Prisoners in the Goal of Philadelphia, with respect to the Im- 
prisonment of their Persons." 

2d. <' An Act for the Relief of John Galbreath, a languishing 
Prisoners in the Goal of Chester, with respect to the Imprisonment 
of his Person." 

" Upon these two acts Mr. Jackson observes that, besides the 
General Objection to which they are liable as private Acts of In- 
solvency, he conceives them to be faulty, inasmuch as they contain 
no clause excepting Debts due to the Crown, nor any Clause in fa- 
vor of Land-lords, as to Goods subject to Distress, nor a Clause in 
favor of distant or absent Creditors; every one of which Clauses 
he thinks should make part of an Insolvent Act; on the other 
Hand, he observes that it is probable the object of one of these Acts, 
being confined in a Country Goal, is not Indebted in any 3Iercantile 
Debt. 

" That Relfe, the Bankrupt, one of the objects of the other, ap- 
pears to be intitled, iff JustiC3 to his personal Liberty, having com- 
plied with the Laws of Bankruptcy in this Kiogiom ; and that 
these Clauses having frequently, as he observes, been frequently 
inserted in former Insolvent Laws of this Province, it may be pre- 



764 MINUTES OF THE 

sumed they would have had their place here, had there not been 
some Proof given that there was no occasion for them, which is the 
more probable, as there has been no objection made to the acts, 
though they passed above eighteen Months ago ; nor does there ap- 
pear to have been any opposition to them in America. 

'^ The next Case wherein Mr. Jackson has stated any objection 
to the acts under Consideration, refers likewise to an Insolvent Act 
passed in the said Province, in the year 1769, entituled * An Act 
for the relief of the languishing Prisoners in the Goals of the sev- 
eral Counties within this Province, with respect to the Imprison- 
ment of their Persons." Upon this Act Mr. Jackson observes, 
that it is defective in the particulars mentioned in the observations 
above stated, but that these defects are in a Degree obviated by the 
Trustees being required to act under the Direction of the Court ; 
Nevertheless, he observes that that he should humbly submit his 
opinion for the Repeal of this act, thinking as he does, these Pro- 
visions necessary in such Laws, unless it should be deemed sufficient 
for this year to rely on the controul given to the Court, intimating 
however, in such manner as shall seem fitting, what should be the 
contents of future Laws of this kind." 

" The fourth and last case refers to an Act passed in the said Pro- 
vince in the year 1770, entituled " An Act for the sale of Goods 
distrained for Rent, and to secure such Goods to the Person dis- 
training the same, for the better security of Rents, and to prevent 
Frauds and abuses committed by Tenants. Upon this Act Mr. 
Jackson observes, that the greater Part thereof is almost necessary 
in a Country where Lands and Houses are frequently occupied by 
Tenants, and so much of this Act has therefore long since been 
made part of the Law of England by Act of Parliament, but that 
there is besides a Clause in this Act impowering two Justices to 
deliver Possession of the demised Premises, in case of a Tenant's 
holding over, that goes beyond any provision in our Law. That 
there is in this Act a direction for impanelling a Jury to try the 
fact of Demise ; but as it is possible the Title may sometimes be iu 
Question, (as for Instance where the original Lessor being dead, his 
Will, or the construction of it, is disputed) he thinks it by no 
means proper such a question (perhaps a point of Law) should be 
decided by two Justices, as it must sometimes be as the Act now 
Stands. That, therefore, he wishes that an Amendment of this 
Law may be made by a further Act of Assembly, enabling the 
Tenant to alledge that the Title is disputed, at the same Time 
naming the Person who be alledges to dispute the Title, and in 
case such Person shall on Summons enter into Recognizance to 
prosecute his Claim within a limited Tim^ the Justices to stay 
their proceeding ; but in default of such prosecution, or of the Ten- 
ant's appearing, Judgment to be by default. 

" Having thus stated these Observations and Objections in the 
Cases above enumerated, as reported to us by Mr. Jackson, we shall 



PROVINCIAL COUNCIL. 765 

submit it to your Lordship's Consideration, to give such Advice to 
His Majesty thereupon as to your Lordship's Wisdom shall seem 
fit. But before we close this Report, we think it our Duty on this 
Occasion, to observe to your Lordships that the Proprietaries of 
Pennsylvania having, in the Laws of that Colony, for some Time 
past been usually stiled true and absolute Proprietaries of the Pro- 
vince of Pensilvania, and of the Counties of New Castle, Kent, 
atid Sussex, on Delaware, and it appearing that such stile, so far 
as it relates to the Counties on Delaware, is highly improper and 
unwarrantable, this Board in July last, did represent the Impro- 
priety of this Innovation to the said Proprietaries, requiring it to 
be discontinued, in consequence of which intimation Henry Wil- 
mot, Esquire, Agent and Attorney to the said Proprietaries, who 
has attended us on the Subject of the above Laws, has informed 
us that the Proprietors did accordingly give Instructions there- 
upon, and that the Deputy Governor in Answer thereunto, by 
Letter dated the 6th of March last, writes to the following Effect, 
viz'': 

"' That the Assembly being then upon the Point of breaking 
up, The Acts passed that Session must be in the usual Form ; but 
that at the nest Meeting he shall, take Care to change it.' The 
Lords of the Committee, upon Consideration thereof, do agree hum- 
bly to Report to your Majesty as their Opinion, that with respect 
to the aforementioned Act No. 6, intituled 'An Act for the sale of 
Goods distrained for Rent, and to secure such Goods to the Per- 
son distraining the same, for the better security of Rents, and to 
prevent Frauds and Abuses committed by Tenants,' it may be 
advisable for your Majesty to adjudge and declare under your 
Privy Seal, the said Act to be void; and as to all the i-est of the 
said Acts, that it may be advisable for your Majesty to permit and 
allow them to continue in Force, according to their own Limitation.' 

" His Majesty taking the said Report into Consideration, is plea- 
sed with the Advice of his Privy Council, to approve thereof; and 
having adjudged and declared void the aforementioned Act No 6, 
His Majesty hath thought proper to direct the Lord Privy Seal to 
prepare and pass under the Privy Seal a proper Instrument, sig- 
nifying such His Majesty's Adjudication and Declaration of the said 
Act to be void ; And as to all the rest of the said Acts, His Maj- 
esty is hereby pleased to permit and allow them to continue in 
force according to their own Limitation ; And the Proprietaries of 
Pennsylvania, their Lieutenant or Deputy Governor, and the As- 
sembly of the said Province, and likewise all others whom it may 
concern, are to take Notice and Govern themselves accordingly. 

'' STEPH. COTTRELL." 

The Board having considered of the manner of Publishing His 
Majesty's Repeal of the two Laws mentioned in the aforesaid In- 
struments, agreed that the same should be done by a Proclamation, 



T66 MINUTES OF THE 

•which was immediately drawn by the Secretary, and being approved, 
was ordered to be issued and inserted in the Public News Papers. 
The Proclamation follows in these Words, Viz'- : 

<-'B>j the Honourable JAMES HAMILTON', Esquire, President, 
and the Council of the Province of Pennsylvania. 

"A PROCLAMATION. 

" Whereas, his Majesty, by an Instrument of writing under the 
Privy Seal, bearing Date the Eighteenth day of June, 1766, lately 
transmitted to this Government by one of His Majesty's Principal 
Secretaries of State, has been pleased to adjudge and declare void 
An Act of Assembly of this Province, passed in September 1764, 
entituled "A Supplement to the Act entituied ' An Act for erect- 
ing a Light-house at the mouth of the Bay of Delaware, at or near 
Cape Henlopen, for placing and fixing Buoys in the said Bay and 
River Delaware, and for appointing Commissioners to Receive, col- 
lect and Recover certain Sums of Money, heretofore Raised by 
way of Lottery, and to appropriate the same to the Purposes afore- 
said.'" And Whereas, his Majesty, by a like Instrument under 
the Privy Seal, bearing date the fifth day of June last, did also 
adjudge and declare void one other Act of Assembly of this Pro- 
vauce, passed in February 1770, entituled ' An Act for the Sale of 
(Joods Destrained for Rent, and to Secure such Goods to the Per- 
sons Destraining the Same, for the better Security of Rents, and 
to prevent frauds and abuses committed by Tenants.' We have 
therefore thought fit to signify and make known the same to all 
persons within this Government, in order that they may take notice 
thereof, and govern themselves accordingly.. 

'' Given in Council, under the Great Seal of the said Province, at 
Philadelphia, the ninth day of September, in the Year of our 
Lord one thousand seven hundred and seventy-one, and in the 
Eleventh year of the Reign of our Sovereign Lord George the 
third, by the Grace of God, of Great Britain, France and Ire- 
land, King, Defender of the Faith, and so forth. 

"JAMES HAMILTON, President. 
" By order of the President and Council. 
" Joseph Shippen, Jun'- Secretary. 

''GOD SAVE THE laNG/' 



PROVINCIAL COUNCIL. 767 



At a Council held at Philadelphia, on Tuesday 17th Septem- 
ber, 177L 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, President 
Joseph Turner, Thomas Cadwalader, "] 

William Logan, James Tilghman, ) p, . 

Richard Peters, Andrew Allen, ] ^" 

Benjamin Chew, Edward Shippen, Junior, J 

It having been agreed by the Board at their Meeting on the 19th 
ultimo, that a true State of the late Ryots and hostile proceedings 
of Lazarus Stewart and his adherents at Wyoming, should be laid 
before the Assembly, and that it should be Recommended to them 
to take effectual and Speedy Measures for the apprehending and 
bringing those Ryotters to Justice, Mr. Tilghman produced to the 
Board a Draught of a Messuage he had prepar'd for that purpose, 
which being Read, and some alterations made to it, was approved, 
and the Secretary Directed to Transcribe the same, in order to be 
delivered to the house as soon as the President should be acquain- 
ted that a Quorum was mot and were ready to proceed on Business. 
The following depositions of Ashur Clayton and Joseph Morris, 
were also laid before the Board, and the Secretary ordered to De- 
liver them to the House with the Messuage. 

Here follows the Deposition of Ashur Clayton, Philadelphia, to 
wit : 

"Ashur Clayton of the City of Philad"' Gentleman, being duly 
sworn on the Holy Evangels of Almighty God, deposeth and saith, 
that on the sixth day of July last, being at Wyoming, in the County 
of Northampton, in this Province, improving his Farm there, he 
Received Information that a number of armed men, Commanded 
by Lazarus Stewart and Zebulon Butler, Commonly called Cap' 
Butler, were approaching that place, in order, as they gave out, to' 
disposess the People who had settled there under the Proprietaries 
of this Province, and Seize on their lands, upon pretence of Claim 
from the Gollony of Connecticut, and thereupon he and the other 
Inhabitants, with their familes, making in all eighty-two men. Wo- 
men, and Children, Retired into a Block house for their Security 
and protection, taking with them the principal part of their Effects, 
and this Deponent sent out two men to gain Intelligence ; that 
about one o'clock next morning, one of them Returned & Reported 
that his Companion, James Bertroug, was taken prisoner by a party 
or Men at Lachnawanack ; and about Eleven O'Clock the same 
day, Bertroug Returned and Inform'd of his having been made 
Prisoner the Preceeding night, by a party of Fifty or Sixty men, 
under the Command of Stewart and Butler, who told him they 
were come by Authority of the Government of Connecticut to 
take Possession of that Country, and were determined to do it or 



768 MINUTES OF THE 

perish in the Attempt; and that while he was with them they took 
possession of a house at the mouth of Mill Creek aud a Mill on 
the said Creek, and Bertroug further Inform'd that by perswading 
them he had no Concern in the lands, he obtained his Liberty, and 
was Charged with a Messuage from Butler to this Deponent, desi- 
ring a Conferrence at any place he would appoint ; that this Depo- 
nent, in consequence of an appointment made, met Butler the next 
day at about half a Miles distance from the Block house, in the 
Presence of Ezekiel Pevice, who accompanyed Butler, and Daniel 
Meade, who went with ihe Deponent; that Butler told the Depo- 
nent that all the Lands there belonged to the Colony of Connecti- 
cut; that they came under the Authority and protection of that 
Government to take possession of them, and were determined to 
Obtain and keep possession, at the Risk of their lives; and pointing 
to about thirty of his party, who were advanced within a small dis- 
tance, said he wish'd the Right could be determined by their En- 
gagement with an equal Number; to all which the Deponent an- 
swered that he should not dispute with him about the Right to the 
Lands, as it was a matter neither of them could determine, but that 
the Inhabitants having settled there under the Proprietaries of this 
Province, he and they would endeavour to maintain their possessions 
untill they could have Orders from the Governor ; and the Deponent 
proposed to Butler that he should draw off his party to the Oppo- 
site side of the River, and that neither party should molest the 
other untill he should receive orders or advice from the Gov- 
ernor; but this was Rejected and they parted without agree- 
ing to any Terms; that from this time he, with the Rest of the 
Inhabitants in the Block house, kept on their Guard to prevent a 
Surprize, and laid in what provisions they could, apprehending that 
Butler and his party would endeavour to put their threats in execu- 
tion; that on the twenty-seventh day of July, at about twelve 
o'clock at night, the Block House was Surrounded by the Con- 
necticut party, under Stewart and Butler, who from that time Kept 
the Block house invested, and secured themselves by Intrenchments; 
that the same Night they called to the Deponent and told him he 
had had time enough to go off, and swore if he did not Surrender 
up the Block house by eight 0' Clock the next day, they would 
blow him and the People with him to hell; that the next day 
Some off them appeared near the Block house, and endeavoured by 
various threats and perswasions to Induce the Inhabitants to Desert 
it; that they Seized on the Horses, Cattle, and Such other Effects 
of the Inhabitants as they Could get into their Hands; that on the 
twenty-ninth a Number of them drew nigh to the Block House 
with their Firearms in their Hands, and the Deponent, suspecting 
that they Intended to Surprize it, gave them notice that he was de- 
termined to maintain his Possession, and forbad their approaching 
nigher; that on the thirtieth, a little after day break, the Depo- 
nent was alarmed with the firing of Guns, and expecting an attack, 



PROVINCIAL COUNCIL. 769 

the Inhabitants prepared to defend themselves, and Fired from the 
Block House towards the quarter from -which they expected 
it, but it soon appeared to be an engagement between the Connecti- 
cut party and the party of Men coining with Provisions & Neces- 
saries to the Relief of the Block House, twenty-two of whom got 
into the Block House, the Rest being Repell'd ; that a few minutes 
after the Connecticut party began to fire at the Block House with 
Ball, which was continued, with little intermission, Night and Bay, 
until Sunday the tenth of August, the People in the Block House 
in their Defence returning the Fire; that on the Eleventh, Stewart 
k Butler sent a man with a Flag to summou the people in the Block 
House to surrender, which being refused, he withdrew, and soon 
after they began to Fire at the Block House with small arms and 
from a Wooden Cannon, which burst at the second discharge; that 
the fireing Continued on both sides untill the fifteenth, when the 
People in the Block House, having suffered greatly for want of Pro- 
visions, which were entirely Consumed, and seeing no prospect of 
Relief, sent out a man with a Flag to Sewart and Butler, and after 
several Messages, having obtained the best terms the could, a capi- 
tulation was Sign'd by Stewart, Butler, and one John Smith, pur- 
suant to which the Deponent left the Block House, and the Con- 
necticut party took possession of it ; that during the seige, Isaac 
Dalston was wounded and William Ridgyard Killed, in the Block 
house, by shot from the Connecticut party, and the Deponent hath 
heard and believes that several of that party were kilFd and 
wounded by Shot from the Block house ; and further the Deponent 
saith not. 

"ASHER CLAYTON. 

"Sworn the 22d day of August, Anno Domine, 1771, before me, 
one of his Majesty's Justices of the Peace for the County of Phil- 
ad"' and Notary and Tabellion Publick, duly appointed and 
Sworn for the Province of Penn^- 

" Quodque manu ac Sislllo Notoriali attestor. 
" [L. S ] JAMES BIDDLE, Just & Not'y." 

Here follows the Deposition of Joseph Morris : 

" Philadelphia County, to wit : 

*' Joseph Morris, of Morris County, in the Province of East 
New Jersey, Gentleman, being duly sworn on the Holy Evangels 
of Almighty God, deposeth and saith, that he, the said Deponent, 
being possessed of Lands near Wyoming, upon Susquehanna, in 
Northampton County, in this Province of Pennsylvania, which he 
held under the Honourable the Proprietaries of this Province, and 
understanding that a number of People had assembled at 
Wyoming and were endeavomung forcibly to Dispossess the 
VOL. IX. — 49. 



770 MINUTES OF THE 

People settled there of their Lands, pretending to Claim 
them by Authority from the Collony of Connecticut, he joined 
a party of thirty-two Men going with Necessaries and Provisions for 
the Relief of the Settlers at Wyoming, by Orders from this Gov- 
ernment, on the twenty-sixth day of July last, and on the thirtieth, 
about da}-- break, being advanced to within about two hundred yards 
of a Block House, wherein the Inhabitants had sheltered themselves, 
and were invested by the Connecticut party, a Man posted as a cen- 
tinel, presented his firelock and challenged the People with the De- 
ponent, calling out who goes there; that they answered they were 
friends, that the centinel bid them stop, & threatened to Fire if they 
advanced; Upon which, John Dick, one of the Party with the De- 
ponent, told him they were going peaceably to the Block House, 
and did not intend to hurt any one, and desired him not to fire, but 
the Centinal persisted in declaring his Resolution to Fire, and then 
Dick raising up his Gun, bid him fire, at his peril ; that the centi- 
nal then stepped a little aside, and a number of Men, about eighteen 
or twenty, who lay concealed at a small distance to the Right Hand, 
starting up suddenly, fired upon the Deponent and the party with 
him, who presently after Received another Fire from the left, and 
from the Centinal ; that finding themselves attacked in this hostile 
manner, they found in necessary to defend themselves, and being 
provided with arms. Returned the fire on their Assailants, and 
Hastening to the Block house under a constant Fire from Several 
parties of the Connecticut people, twenty-one of them got in, the 
rest being driven back, with the loss of four Horses, with their load- 
ing, having had one of their Men, named Gilbert Ogden, danger- 
ously Wounded by a Shott from the Block house, as this Deponent 
believes, and two others slightly hurt; that the Deponent and his 
party continued in the Block House with Ashur Clayton, and the 
Inhabitants, untill the fifteenth of August Instant, during all which 
time, except on Sunday the twelfth, the party Surrounding the' 
Fort, who had entrenched themselves, and were commanded by 
Lazarus Stewart and Zebulon Butler, kept a constant Firing with 
Ball at the Block House, by which Isaac Dalson was wounded, and 
William Ridgyards killed, and also fired with Ball from a Wooden 
Cannon, which Burst at the second discharge; that the Fire was 
returned by the people in the Block house in their own Defence, 
hut on the said fifteenth of August, being reduced to great straits 
for want of Provisions, which for many days before had been Dealt 
out very sparingly, and was by that time wholly consumed, they 
were obliged to send out a Man with a Flag to treat upon terms, 
and after several Messages, were constrained to surrender, on the 
Conditions mentioned in a Capitulation granted to them by Butler, 
Stewart, and one John Smith, a copy whereof is hereto annexed, 
which the Deponent believes to be a true and exact Copy, as he him- 
self Transcribed the Original, and has compar'd this with a copy 



PROVINCIAL COUNCIL. 771 

of it made for him by John Dick, who has it in his possession ; and 
further the Depoueut saith not. 

"JOS. MORRIS. 
"Sworn the 22d day of August, Anno Domini, 1771, before me, 
one of his Majesty's Justices of the Peace for the County of Phi- 
ladelphia, and Notary and Tabellion Publick, duly appointed and 
sworn for the Province of Pennsylvania. 

" Quodque manu ac Sii2;ille Notoriali Attestor. 
[Z. ^.] "JAMES" RIDDLE, Just. & Not!' 

Here follows the Articles of Capitulation referred to in the fore- 
going Deposition : 

*^ Articles of Capitulation agreed upon the 15th day of Atigust, 
1771, betunxt Colonel .ishur Clayton, Joseph Morris,, ^^ John 
Dick, Commandents of the Block-House, in Behalf of the 
Honourable the Proprietaries of Pennsylvania, and the Sub- 
scribers -n behalf nf the Colony of Connecticut, on Surrender 
of the Fort to the latter. 

1st. " That twenty-three men shall go out armed, the Remainder 
Unarmed, imd to go from hence to their Respective Habitations, un- 
molested by the Opposite Party. 

2d. " Tjiat the Men who have Families is to have liberty to stay 
on the land two Weeks, & to take off their Effects, which they are 
to do unm'.l 'sted. 

3d. " 5?l;c sick and wounded is to have liberty to stay and keep 
such persons as they think proper for Nurses, and to send for a 
Doctor. 

"The al ve articles, we, the Subscribers, do bind ourselves by 
the honor a-xd Faith of G-entlemen, to abide by and perform. 

"ZEBULON BUTLER, 
"LAZARUS STEWART, 
"JOHN SMITH. 
" Testis :— 

" Alexander Patterson. 

" EzEKiEL Pierce." 



Wednesday, the 18th of September. 

A Committee of Assembly having waited on the President with 
a Messuage, to inform that the house were met pursuant to adjourn- 
ment, and Requesting to know if the President and Council had 
any business to lay before them, the Secretary carried to the As- 
sembly the Message agreed on yesterday, with the two Depositions 
it refers to ; and at the same time delivered to the House for their 
Perusal, by direction of the President and Council, a Letter Re- 



772 MINUTES OF THE 

ceived from the Earl of Hillsborough, dated the third of Julj/' last^ 
with its Inclosures, Viz'- : an Order of the King in Council of the 
24th of May last, respecting several laws passed in this Province, 
and two Instruments under the Privy Seal, repealing two Laws, 
which papers are entered on the Council minutes of the 9th of this 
Month. 

A Messuage from the President and Council to the Assemhly. 

" Gentlemen : 

" As by the Laws of this Province the administration of the Gov- 
ernment, upon the Departure of our late Governor, devolved upon 
us. We cannot, consistant with our duty, omit to lay before you a 
matter which appears to us of a very serious Nature, and nearly to 
concern the peace and good order of the Province. 

"The making of the present Riot Act, and the unhappy Occa- 
sion of it, and the Publication of large Rewards for apprehending 
and bringing to Justice those daring Offenders, Lazarus Stewart and 
his Accomplices, must be fresh in your memories. These steps, 
taken by the Government and Legislature, calculated to discourage 
and Suppress the turbulent Spirit of these Intruders, and others of 
the same perverse disposition, it was hoped would have had the de- 
sired Effect. Yet we are sorry to inform you that the very persons 
for whose apprehension the Rewards were published, have Lately, 
with a number of adherents, in open Contempt of the powers of 
Government, again appeared in Arms at Wyoming, and after seizing 
upon all their Effects, forced our Settlers there (to whom the Pro- 
prietaries had sold the Lands) to retire into a Block House, which 
they beseiged in a Regular Hostile manner, keeping up an almost 
Continual Fire from Intrenchments, for the space of sixteen or 
seventeen days. At length our people, Reduced to the last Ex- 
tremity for want of Provisions, were obliged to Surrender upon 
terms of Capitulation, since which it is Reported that the Intruders 
have burnt the Block House, and are fortifying themselves at a more 
Convenient place in the Neighborhood, and that they have Inten- 
tions of seizing on Fort Augusta and the Provincial Cannon, and 
other warlike stores there. 

"We must inform you, Gentlemen, that upon the first Intima- 
tion of these last violences, the Government took every step in their 
power, at a very great expence, to Raise a Sufficient Posse to en- 
forca the Execution of the Riot Act against the Intruders, and to 
.apprehend the Offenders, and that Several of the Magistrates of 
Northampton County were on their way to Wyoming with a Posse, 
when they received Intelligence of the Surrender of the Block 
House ; and upon being well apprized of the InsufBciency of that 
Force, and that it would require a much greater one to apprehend 
and bring the Ryotters to Justice, We ordered the Posse to be dis- 
charged, and determined to lay the Case before you at your present 
Meeting. 



PROVINCIAL COUNCIL. 773 

" Tour own Understandings, Gentlemen, will point out to you 
t!ie fatal Consequences of suffering these lawless people to remain 
long in the possessions they have thus obtained, as it were by open 
War. They will probably soon become more formidaVjle by asso- 
ciating to themselves Numbers of Profligate people from this and 
the other Provinces ; of Course they may Extend their possessions 
by force, as far as they please, take upon themselves, in a little time 
to give laws to Government itself, and in the end bring onus all the 
evils which have lately been Experienced by a Neighbouring Col- 
ony to the Southward. 

" When you come, Gentlemen, seriously to Consider these Im- 
portant Matters, and that the applying a remeddy to the evil, would, 
at a future time, call for a more Considerable Force, aud a much 
heavier espence than at present, we cannot doubt but you will 
Readily give us all the Assistance in your power, speedily to sup- 
press these Disorders, and bring to Condign punishment a set of 
People who have, in the most daring manner, set the Government 
and its Laws at Defiance. 

" The Secretary will lay before you two depositions which prove 
the Facts above stated. 

"JAMES HAMILTON, president. 

"September 18th, 177L" 



At a Conferrence held in the Council Chamber at Philadelphia, 
on Tuesday the 24 of September, 1771, with several Indians of 
Different Tribes, who came to town on Saturday last from the West 
Branch of Susquehanna. 

PRESENT : 

The Honourable JAMES HAMILTON, Es.iuire, President. 
Joseph Turner, James Tilghmau, 1 

William Logan, Andrew Allen, V Esquires. 

Richard Peters, Edward Shippcu, jun''-' J 

Indians present. 

Cheahogah, a Cayugah Chief. 

Shawana Ben, ?/-,,•/. r- ,t -r> i 

,T , , ' > Chiefs or the Delawares. 

Newoaleka, ^ 

Jacob Asquash, a Nanticoke Interpreter, And 24 other Indians, 
Viz. : Cayugas, Tuscaroras, Shawanese, ' Delawares, Mohickons, 
Nanticokes aud Canoys. 

The Indians being seated, the Cayuga Chief rose up and spoke 
as follows, Viz' : 
" Brothers : 

" When I was at home with my "Nation wo were thinking with 
ourselves about our Brethren at Philadelphia. We remembered 



774 MINUTES OF THE 

that there was an old Road between us and them, ia the very Be- 
ginning of times, and as we wanted to say something to our Brethren 
at Philadelphia, and that we should travel in the same road that 
our Ancestors had opened as a Communication between them and 
ns; upon this I sat out with some of our People, and found the old 
road that has been used from the Beginning, and travelled safe in 
it to this City, and we are glad to find the old Council Fire, which 
which was kindled by our Fathers is still burning bright and clear 
as it used to be, and that we see our Bretheren. We givf you this 
String to clear your eyes, that you may see us in Council. We 
open your throats and clean your ■ Hearts, that there may bo no 
foulness in you; we also unstop your Ears, that you may the better 
hear what we have to say to you, and we likewise Cleanse the Coun- 
cil Chamber, that we may sit happily together, without anything to 
OflFend us. 

A String of three Rows. 

" Brothers : 

" Please to hearken to us, having now cleared your Eyes, cleansed 
your hearts, opened your Ears, and swept the Council Chamber, I 
shall proceed to tell you our Business. 
" Brothers : 

" As we have already mentioned, there was at the Bcgining a 
Great Council fire kindled in the City, and it always burnt clear 
and Bright; of late there was another Fire kindled between our Na- 
tions and our Brethren, the English, at Sir William Johnson's, and 
there we have of late gone, and by this means the old Road to this 
Council-Fire was grown up and difficult to be found, but we have 
found it and travelled through it, and are come once more to the 
old Council Fire at Philadelphia.' 

" Brothers : 

" Our Fathers and your fathers were in close friendship; they 
held fast the Covenant-Chain and strength'ned it; one held it 
fast at one end and the. other at the other; but there are always 
some bad people who want to break the Chain, but they never have 
been able to do it; both you 'and we have held it fast. We desire 
to put you in mind that your fathers were kind to the Indians, and 
ready to assist them, and we hope 'that you are of the Sc'.mc disposi- 
tion that they were. 

A String of four Rows. 
" Brethren : 

'' When we were at home we were looking towards Wyoming, 
and observed that the People of New-England were come to live 
there. Now we want to know what Reason these New-Englandmen 
have for doing this, since we never gave that Land to them ? Being 
asked what they meant by this ? they answer that the New-Eng- 
landmen tell some of the Indians that they, the Indians, gave them 
the land at Wyoming, but we, the Indians, say that we never did 



PROVINCIAL COUNCIL. 775 

give them this land ; we who are here of several different Nations, 
namely, the Six Nations, Sbawanese, Delawares, Mohickons, Nanti- 
cokes, and Coneys, we all declare that the Indians never did give 
this land to the New-England People, but we gave it to the pro- 
prietor Onas, and to no other person, and we not only gave "Wyom- 
ing to him, but a great space of land round about it, except the 
places where the Indians live. 

A String of three black and white Rows. 
^' Brethren : 

'* We have now fully told you all the Business of our coming 
here to this Council fire at Philadelphia; we came down all the way 
from the Mingo Country, on purpose to acquaint you with what 
you have now heard from us. 

" And now. Brothers, hearken to what my Brother Shawana Ben 
here present, who lives upon the great Island, desires to tell you." 

Shawana Ben then spoke as follows : 
^^ Brothers : 

" We were informed by Sir William Johnson that whenever we 
were tired of living on the land we were settled on, and had an In- 
clination to leave it, we might be permitted to do so and dispose of 
it; now Brothers, we tell you that we have an Inclination to remove 
from the place where we live, the great Island, and desire to dis- 
pose of it." 

A String of four black and white Rows. 

The Cayuga Chief then spoke as follows : 
''Bretheren: 

" I am now grown old, and have been employ'd as a Messenger, 
and am beconie stiff with Travelling, and I desire you will help 
me, and give aie a Horse, that I may not be obliged to walk when 
I go home. I must also inform you. Brethren, that our Hatchetts 
and Guns are out of order, and we request you will get them put 
in Repair." 

One of the Indians present called Cawandaghsaw, then acquain- 
ted the president and Council that he was a Cockuawawga, and was 
just arrived from Charles Town in South Carolina, and Delivered 
a letter from Oovernor Bull to the president, which was Read, and 
is as follows, Viz'- : 

*' Charlestown, September 6, 1771. 
« Sir : 

"An Indian of the Oneida Nation, named Da-ya-gough-de-re- 
«esh, called by the English Thomas King, who had been employed 
by Sir William Johnson to negociate and Confirm peace between 
the Sis Nations and various Tribes on the Ohio, and our Southern 
Nations, after finishing his important business, arrived here about 
twelve days agoe, and desired to|Rcturn by Sea to Sir William John- 
son, amd expressed a Strong Inclination to see the great City of 



776 MINUTES OF THE 

Philadelphia; I accordingly provided a passage for him and his 
Retinue in Captain Blewer, and Cloathing, and some presents for 
himself and his Companions 3 but he was taken 111 of a Fever, and 
unfortunately died last night. He was to have been accompanied 
by two Catawbas to Confirm the Peace in presence of Sir William 
Johnson, but his Death put an end to their Voyage with him ; I 
have sent the Cloaths I had provided for him by his Companion, 
to be given by Sir William Johnson (to whom I write by them) to 
dry up the tears of his Ilelations. 

" I Recommend them, the bearers hereof, to your protection and 
assistance on their way to Sir William Johnson. Your knowledge of 
the Genius of Indians, and of the fidelity of this tribe to the Eng- 
lish, and your own humanity, leave me no Room to add any argu- 
ments in their Favour. 

" I have the Honour to be, with great Regard, Sir, 

" Your most Obedient Humble Servant, 
"WM. BULL. 

"To the Honourable Lieutenant Governor Hamilton, Com- 
mander-in-Chief of the Province of Pennsylvania." 

Tho same Indian then informed the Council that he had a great 
Quantity of Wampum, which was given by the Southern Indian 
Nations at their several Treaties with Thomas King, and that he 
would show the Wampum to the Council, if they Chose to see it, 
and according he shewed twenty Belts, and a large number of 
strings of Wampum. 

While the Council was Sitting, a Shawanese Indian, named Sha- 
wana John, came into the Chamber, and presented a Petition to 
the president, setting forth that he had been at Sir William John- 
sons, and was sent b}' him on Business to the Governor of Boston ; 
and that as he was a coming here in passing through Hartford and 
New Haven, some Gentleman there give him Letters for the Gov- 
ernor of this Province ; that these Letters, and his passport, and 
nine Dollars, were taken from him while he was asleep at an Inn in 
Brunswick, in New Jersey, and he desired that his loss might be 
made cood to him. 



At a Council held at Philadelphia, on Thursday od October^ 
1771. • 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, President. 
Joseph Turner, James Tilghman, ^ 

William Logan, Andrew Allen, [^-p, . ^ 

Benjamin Chew, Edward Shippen, Jun''- / °^ 

Thomas Cadwallader, J 

The Sheriffs of Philadelphia and Chester Counties having made 
their Returns of the Elections for those Counties, they were laid 



PROVINCIAL COUNCIL. 777 

before the Board, and being duly Considered, the following persona 
were appointed, and their Commissions, with Writs of assistance 
and Warrants for affixing the Great Seal, were signed by the Presi- 
dent, Mr. Turner, Mr. Logan, Mr. Chew, and Mr. Cadwallader. 

Judah Foulke Sheriff, ) ^^ ^^^ ^.^^ ^^^ ^ ^^ Philadelphia, 

("aleb Cash, Coroner, ^ • J ^ 

Jesse Maris, Sheriff of Chester Coanty. 



Friday 4th of October, 1771. 

The President dispatched by an Express, a letter to the Hon- 
ourable Jonathan Trumbull, Esquire, Governor of Connecticut, 
which follows in these words, Viz'' : 

"Philadelphia, the 4th of October, 1771. 

'^ Per Thomas Robinson, Express. 

" Honoured Sir : 

'' As I have the honor at present to preside in this Province, I 
have transmitted you the Inclosed Copies of a Deposition and Capi- 
tulation, by which you will perceive how the peace of this Govern- 
ment has been lately disturbed by the Violent proceedings of what is 
('ailed your Susquehanna Land Company, who have associated to 
themselves some of the most abandoned and Profligate of our 
people, such as are accused, and indeed stand Indicted of Capital 
Crimes here. 

*' As the people Concerned in these violent and even hostile 
measures, profess to act under' the authority of your Government, 
and have made a Capitulation expi-essly on behalf of the Govern- 
ment, I have thought it proper and Expedient to send a Mes- 
senger to your Honour on purpose to know with Certainty whether 
they have proceeded in any sort under your Countenance or Au- 
thority, or that of your assembly; And as this must be a mat- 
ter within your Knowledge, I make no doubt but you will dis- 
patch the express with a Speedy answer to 
" Your most Obedient, 

" and most humble Servant, 

"JAMES HAMILTON, President,' 

'' To the Honourable Jonathan Trumbull, Esq''- Governor of 
Connecticut, at Lebanon." 



778 MINUTES OF THE 



At a Council held at Philadelphia on Saturday 5th October, 
1771. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, President. 
Joseph Turner, James Tilghman, ^ 

William Logan, Andrew Allen, ! tj, 

Benjamin Chew, Edward Shippen, Jun""' j ^ 

Thomas Cadwallader, J 

The returns of the Elections of Sheriffs and Coroners for the 
Counties of Chester, Bucks, Lancaster, Berks, York, Northampton, 
New Castle, and Kent, being now made, the Board took the same 
into Consideration, and appointed and Commissionated the following 
persons as Sheriffs and Coroners for the first mentioned sis Coun- 
ties ; and the President appointed and Commissionated Thomas 
Duff and James Caldwell, Sheriffs, and Henry Vining and John 
Smithers, Coroners of their Respective Counties of New Castle 
and Kent. 

John Crosby, Jun'' Coroner of Chester County. 

Kichard Gibbs, Sheriff, ? -p i „ ri^,,^*^ 

T Ttr 11 n > Bucks County. 

James Wallace, Coroner, 5 

Frederick Stone, Sheriff, > t i r^ 

o 1 T> J n ?■ Lancaster Do. 

Samuel Boyd, Coroner, 5 

Samuel Edie, Sheriff, ? y V T) 

Joseph Adlum, Coroner, ^ 

George Nagle, Sheriff, ? ^^^.^g p^ 

Isaac Le van, jun""-' Coroner, 3 

Peter Kachlein, Sheriff, > xt ^.i. j. -r> 

TD , o • r^ r Northampton Do. 

Peter Seip, Coroner, 3 ^ 

Thomas Duff, Sheriff, / at /-i i.i n j. 

Ti -rr. . n i- New Castle County. 

Henry Vining, Coroner, 3 *' 

James Caldwell, Sheriff, ? xj- i. P t 

John Smithers, Coroner, 5 

A Transcript of the llecord of the Conviction of George Spots 
was then laid before the' Board, by which it appears that at a Court 
of Oyer and Terminer and General Goal Delivery held at Philadel- 
phia, for the County of Philadelphia, on the twenty-third of Sep- 
tember last, Before William Allen, John Lawrence, and Thomas 
Willing, Esquires, Justices of the Supream Court and of the said 
Court of Oyer and Terminer, George Spots, of Philad^- County, La- 
bourer, was tryed and Convicted of Fellony and Robbery committed 
by him, the said George, on the King's high Way, on the Second 
day of April last, and that he hath received Sentence of Death for 
the same. 

The said Record being taken into Consideration, and the said 
Justices and the Jury by whom he was convicted, having Rccom- 



PROVINCIAL COUNCIL. 779 

mended bim as an Object of Compassion, it was agreed tbat be 
should be Reprieved, on Condition that he remoye from this Pro- 
vince, and never more return into it. The Keprieve was accord- 
ingly made out under the great Seal, and delivered to the Care of 
the Sheriff of this County. 



October 7th, 1771. 

The Sheriff of Susses County having now made his Return of the 
Election for that County, the President appointed the following 
persons the Sheriff and Coroner, and signed their Commissions : 

Peter Robinson, Sheriff, } r r, /-. i. 

TTii- 11 1 ry >■ or Sussex County. 

Lli Parker, Coroner, 3 "^ 

The Sheriff of Cumberland having also made his Return of the 
Election for that County, the President and four Members of Coun- 
cil appointed and Commissionated the following persons as Sheriff 
and Coroner, Viz'-: 

Ephraim Blaine, Sheriff, ? --, -u ^ j n< a 

c,^ 1 T • J n r Cumberland County. 

Samuel Laird, Coroner, ^ •' 






October the 8tb, 1771. 

The Return of the Election for the County of Bedford being now 
made, the President and four Gentlemen of the Council appointed 
and Commissionated the following persons the Sheriff and Coroner 
of that County, Viz'-; 

John Proctor, iun''' Sheriff, 7 ^^ jc j r^ ^„ 

T , 17, • ' ■' n r Bedford Couuty. 

Joseph Erwm, Coroner, ^ •' 

A Draught of a Letter being prepared by Order of the Board to 
be dispatched to the Proprietaries, the same was Ordered to be 
Transcribed for that purpose, and sent by the first Opportunity. 
The said Letter follows in these Words, Viz'-: 

" Philadelphia, the 8th of October, 1771. 

" May it please your Honors : 

" In our Letter of the 20th of August last, we acquainted you of 
the unfavourable situation of your affairs at Wyoming, and that we 
had an Intention of laying the matter before the Assembly, in hopes 
of their assistance. We did so, and now inclose you copies of our 
Message, and their answer ; by which you will perceive the uncer- 
tainty of succeeding in our application. We have dispatched a 
Messenger to the Governor of Connecticut, to know whether that 



780 MINUTES OF THE 

Government have given any countenance or Authority to the Pro- 
ceedings of their people at Wyoming. If they should deny that 
they act under the Authority of Government (as we conceive they 
will,) it is thought it may favor the application we intend Jto make 
to the approaching Assembly. If they should avow their proceed- 
ings, it may be a proper Foundation for an Application at hora6. 
Our intelligence from Wyoming is that their numbers have not in- 
creased as was expected ; that there is a Disagreement between the 
New-England men and Stewart's Party, and that they arc not pre- 
paring for a Crop of Winter Grain. 

'" From a View of what it past, we think it highly probable that 
nothing but the Interposition of the King and Council can put 
an end to this troublesome and expensive Business. 

" We inclose copies of a Letter and Deposition just come to hand 
from the Westward, which seem strongly to point out the necessity 
of ascertaining that Frontier. 

" We have the Honour to be 

" Your most Obedient humble Servants, 
''JAMES TILGHMAN, 
" ANDREW ALLEN, 
"EDWARD SHIPPEN, Jun^-, 
"JAMES HAMILTON, 
"JOSEPH TURNER, 
" WILLIAM LOGAN, 
"RICHARD PETERS. 
" To the Honourable Thomas Penn and John Penn, Esquires) 
Proprietaries of the Province of Pennsylvania, London. 

"To the care of Mess"' David and John Barclay, Merchants ia 
London. 



i 

At a Council held at Philadelphia, on Wednesday 16th October, 
1771, A. M. 

PRESENT : 

The Honourable JAMES HAMILTON, Esquire, President. 
Joseph Turner, Andrew Allen, | -p, 

William Logan, Edward Shippen, Jun'- j ^l"^^®^- 

The President acquainted th^ Board that a Committee of Assem- 
bly had waited on him yesterday, to acquaint hira that the House 
had met pursuant to the Laws and Charter of this Province, and 
had chosen their Speaker, and were Ready to Receive any business 
the Council might have to lay before them. But on Receiving an 
account this Morning that Captain Falconer's Ship was arrived in 
the River, from London, with the Honourable Richard Penn, 
Esquire, our Governor, on Board, it was agreed to Defer all Busi- 
ness with the House 'till he should come up to the City. 



PROVINCIAL COUNCIL. 781 

The Secretary presented to the Board a Petition from Divers In- 
habitants of the City of Philadelphia, and the Northern Liberties, 
setting forth that there is a Public Road leading from the tipper 
end of Fourth Street to the Southwardmost line of the Widow 
Master's land near her Mlll-Dam, which has been in use about sixty 
years, and is a boundary of the Lots and Land on each side thereof, 
and of very great Convenience to the owners of the same ; that the 
Petitioners are of opinion that if the said Road was extended 
through the Widow Master's land into the Genuantown Road, it 
would not only accommodate the owners of the said Lots and those 
who reside on and near the present old' Road, but be of very great 
utility to the publick by opening another out-let into the Country 
from the Northern parts of the City. 

That the said Road (if extended as aforesaid) would pass over 
even and good Ground, would not exceed 190 ^lerches in length, 
and Consequently would Occasion but a small expense in opening 
anjd keeping it in Repair. That' the Petitioners have obtfiiued the 
full Consent of the Widow Masters for Carrying the said road 
through her Land, agreeably to the Courses laid down in a Draught 
accompanying their Petition, and humbly Conceive that no reasona- 
ble objection can be had thereto, as it will not injure or pass through 
the Land of any other person j and therefore prayed the Council 
would be pleased to appoint men to view the Ground and to lay out 
a public Road from the end of the said old Road leading from Fourth 
Street into the Germantown Road, according to the manner proposed 
and laid down in the said Draught, or as nearly so as may be found 
most Convenient for public use. 

The .Board talcing the said petition and Draught into Considera- 
tion, do order and appoint Joseph Fox, Jacob Lewis, Luke Morris, 
John Lukens, Jonathan Evans and Edward Duffield, to view the 
Ground, and if they or any four of them are of Opinion that the 
Road Petitioned for is necessary for publick use and Convenience, 
to lay out the same in the manner proposed by the petitioners, or as 
nearly so as they shall judge most advantageous for the publick 
Service, and to make return of the Courses and Distances thereof, 
with a Draught of the said Road, into the Provincial Secretary's 
office, in order to be Confirmed as a public Road, if the same shall 
be approved. 



782 MINUTES OF THE 



At a Council held at Philadelphia, on Wednesday 16th October, 
1771, P. M. 

PRESENT : 

The Honourable RICHARD PENN, Esquire, Lieutenant Gov- 
ernor, &c^- 

The Honourable James Hamilton, Esquire. 

Joseph Turner, James Tilghman, ^ 

Richard Peters, Andrew Allen, [ -p 

Lynford Lardner, Edward Shippen Junior, | squir 
Thomas Cadwallader. J 

The Honourable Proprietaries, Thomas Penn and John Penn, 
Esquires, having been pleased to appoint Richard Penn, Esquire, 
to be Lieutenant Governor of the Province of Pennsylvania and 
Counties ot New-Castle, Kent and Sussex, on Delaware, He pro- 
duced his' Commission under the Hands and seals of the said Pro- 
prietaries, bearing date the fifteenth day of July last, with their 
Warrant for affixing the great Seal thereto; and also a Certificate 
under the Seal of the Privy Council, dated the sixteenth of Au- 
gust last, declaring his Majesty's approbation of Richard Penn, 
Esquire, to be Lieutenant Governor of the said Province and Coun- 
ties, and his having taken the Usual Oaths. The Secretary was 
thereupon sent to the keeper of the Great Seal to get the Seal 
affixed to the said Commission, and the Seal was accordingly affix- 
ed thereto. Sometime after his Return the Governor, attended by 
the Council, Mayor, Alderman and Common Council, and preceded 
by the Sheriff and his officers, went to the Court House, where his 
('ommission was published with due Solemnity in the presence of 
a very great Concourse of People. 

The Commission and Certificate were Ordered to be Recorded in 
the Rolls Office. I 



At a Council held at Philadelphia, on Thursday 17th October, 
1771. 

PRESENT : 

The Honourable RICHARD PENN, Esquire, Lieutenant Gov- 
nor, &c*- 

James Hamilton, Lynford Lardner, ") 

William Logan, James Tilghman, v Esquires. 

Richard Peters, Edward Shippen, jun'- ) 

The Governor informed the Board that he Continued Mr. Joseph 
Shippen, Jun'- in the Office of Provincial Secretary and Clerk of 



PROVINCIAL COUNCIL. 783 

the Council, and desired that an entry of the same might be made 
on the minutes of Council. 

The Secretary having, by the Governor's Directions, prepared a 
Draught of a ProcLamation for Continuing all Magistrates & other 
Ofl&cers in their Respective Offices, the same was read and signed 
by the Governor, and Ordered to be published in the several public 
Papers next week. The said Proclamation follows in these words, 
Viz'- : 

" By the HonouraUe RICHARD PEJVN, Esquire, Lieutenant Gov- 
ernor and Commander-in-Chief of the Frovince of Pennsyl- 
vania, and Counties of Newcastle, Kent, and Sussex, on Delaicare. 

"A PROCLAMATION. 

" Whereas, the Honourable Thomas Penn and John Penn, Es- 
quires, true and absolute Proprietaries and Governors in-Chief of 
the Province of Pennsylvania, and Counties of New Castle, Kent, 
and Sussex, on Delaware, have been pleased by their Commission, 
under their Hands and Seals, bearing date the fifteenth day of 'July 
last, to Constitute and appoint me to be their Lieutenant Governor 
of the said Province and Counties, with all necessary powers 
and Authority for the well Governing of the same, which said ap- 
pointment the King's Most excellent iMajesty, in a Council held at 
S'" James's, the sixteenth day of August last, was Graciously pleased 
to allow and approve of. Therefore, in pursuance of the said trust 
in me Reposed, having a Special Regard to the Safety of the State 
and Government of the said Province and Counties, and to prevent 
failures in the Administration of Justice therein, I have, by and 
with the advice and Consent of the Council of the said. Province 
and Counties, thought fit to ordain, and do hereby ordain and declare, 
that all Orders and Commissions whatsoever, relating to the Gov- 
ernment of the said Province and Counties, heretofore lawfully and 
rightfully Issued, which were in force on the sixteenth day of Octo- 
ber Instant, shall be, continue, and remain in full force, Power, and 
Virtue, according to their Respective Tenors, untill my further 
pleasure shall be known therein ; and that all persons whatsoever, 
who on the said sixteenth day of October Instant, held or Enjoyed 
any Office of trust or profit in this Government, by Virtue of any 
such Commission as aforesaid, shall continue to hold and enjoy the 
same untill they shall be determined by me as aforesaid, or by other 
Sufficient Authority. And I do hereby further Command and Re- 
quire all Magistrates, Officers, and Commissioners whatsoever, in 
whom any Public Trust is Reposed in the Government of the said 
Province and Counties, that they diligently proceed in the perform- 



784 MINUTES OF THE 

ance and discharge of their respective Duties therein, for the safety, 
peace, and well-being of the same. 

" Given under my hand and the Great Seal of the said Province, at 
Philadelphia, the seventeenth day of October, in the eleventh 
year of the Reign of our Sovereign Lord George the third, by the 
Grace of God, of Great Britain, France and Ireland, King, De- 
fender of the faith, and so forth, and in the year of our Lord one 
thousand seven hundred and seventy-one. 

"RICH^FENN. 

*' By his Honour's Command. 
" Joseph Siiippen, J""' Secr'y. 

''GOD SAVE THE KING." 



EWD OF YCL. IX. 



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